24007_Wrights Executive Sales II_PC Package_20240429

NOTICE OF INTENT TO REDEVELOP A BR WNFIELDS PROPERTY
Brownfields Property Name: Wright's Executive Sales 11
Brownfields Project Number: 24007-20-032
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 May 4, 2024, and will end no sooner than the later
of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Redevelopment Section Chief
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Wright's Executive Sales II
Brownfields Project Number: 24007-20-032
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, GeerHouse
Partners, LLC, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ")
a Notice of Intent to Redevelop a Brownfields Property ("Brownfields Property") located at 721 & 723 Rigsbee Avenue
and 620 & 616 Foster Street, Durham, Durham County. The Brownfields Property, which is the former site of Wright's
Executive Sales, consists of approximately 2.37 acres. Environmental contamination exists on the Brownfields Property in
soil, groundwater, exterior soil gas, and sub -slab vapor. GeerHouse Partners, LLC has committed itself to redevelop the
Brownfields Property for no uses other than high -density rental residential, retail, restaurant, event space, recreational, open
space, associated parking, and subject to DEQ's prior approval, other commercial uses_ The Notice of Intent to Redevelop
a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and GeerHouse Partners, LLC,
which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and
their concentrations in the media of the Property, (c) the above -stated description of the intended future use of the
Brownfields Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property
prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Durham County Main Public
Library, 300 N. Roxboro Street, Durham, NC 27701 by contacting Claudia Aleman at 919-560-0116 or
caleman(&dconc.gov; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.ligginsndeq.nc.gov, or at [phone].
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public record database,
Laserfiche, by entering the project number 24007-20-032 into the search bar at the following web address:
https:Hedocs.deg.nc.gov/WasteMana eg ment/
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than May 4, 2024, and will end no sooner than the later of. 1) 30 and 21 days, respectively, after that; or 2)
30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion occurs
later than the date stated herein. All public comments and public meeting requests should be addressed as follows:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
24007-20-032/Wright's Executive Sales 11/20240429

Property Owner: GeerHouse Partners 2, LLC and GeerHouse Owner, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Wright's Executive Sales II
Brownfields Project Number: 24007-20-032
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20 by
GeerHouse Partners, 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 is located at 721 and 723 Rigsbee Avenue, 620 Foster Street
(Durham County Parcel Identification Number (PIN) 0822-90-3182), and 616 Foster Street
((PIN 0821-99-2974) and is comprised of approximately 2.37 acres. Historical uses of the
Brownfields Property included operations by Moss Bread Company, Wright's Executive Sales,
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and Uzzle Motor Co. Contaminant sources are past automotive dealership and automotive repair
facility uses on the Brownfields Property, which included the storage and handling of petroleum
hydrocarbons in hydraulic lifts, underground storage tanks, and above ground storage tanks.
Environmental contamination is present on the Brownfields Property in soil,
groundwater, exterior soil gas, and sub -slab vapor. The Brownfields Property is currently
undergoing redevelopment activities associated with Phase II construction. The Prospective
Developer intends to redevelop the Brownfields Property for no uses other than high -density
rental residential, retail, restaurant, event space, recreational, open space, associated parking, and
subject to DEQ's prior approval, other commercial 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 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
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Land Uses
a. No use may be made of the Brownfields Property other than for high -density
rental residential, retail, restaurant, event space, recreational, open space, associated parking, and
subject to DEQ's prior written approval, other commercial 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 Rental Residential is defined as for -rent -only permanent
dwellings where residential units are attached to each other with common walls, such as
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, townhomes, duplexes or other units with yards are prohibited.
ii. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
iv. Event Space is defined as a location where private or public gatherings
may be held, including family or company gatherings for social or business occasions, or other
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entertainment -related gatherings such as charitable events, festivals, theater, musical or other
shows, which may include an outdoor stage, and the preparation and serving of food and
beverages, including alcoholic beverages, under all applicable local, state and federal regulations
to guests.
v. Recreation is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. 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.
vii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
viii. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
c. The Motorco Music Hall building on the Brownfields Property may not be used
for residential use without the prior written approval of DEQ.
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Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan (" EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
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
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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).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in
writing in advance by DEQ.
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Soil
m

g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways of the Brownfields Property as delineated
on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this
Agreement.
i. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
Vapor Intrusion
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J. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, or alternate standards approved in writing in advance by
DEQ and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the system has been designed so as to be fully
protective of public health within the meaning of NCGS § 130A-310.32 (a)(2), and shall include
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a
description of the installation, with said engineer's professional seal confirming that the engineer
is satisfied that the system was installed per the DEQ approved design. If any deviations from
the system design were necessary during installation, then the report shall include details on said
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deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in such
a manner so as to be fully protective of public health.
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 Wells
1. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, the owner shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
Notifications upon Transfer
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 Durham
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
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paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
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use restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
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 paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
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ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
LN
NORTH CAROLINA
COUNTY
GeerHouse Partners, LLC
John D. Gerber
Manager
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:
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Official Signature of Notary
12

(Official Seal)
Notary's printed or typed name, Notary Public
My commission expires:
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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
GeerHouse Partners 2, LLC
By:
John D. Gerber Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
GeerHouse Owner, LLC
By:
John D. Gerber Date
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
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: GeerHouse Partners, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Wright's Executive Sales II
OF 1997, NCGS § 130A-310.30, et sue. ) 721 & 723 Rigsbee Avenue
Brownfields Project No. 24007-20-032 ) 616 & 620 Foster Street
Durham, Durham County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and GeerHouse Partners, 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 721 and 723 Rigsbee Avenue and 616 and 620 Foster
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 GeerHouse Partners, LLC, a limited liability company,
headquartered at 1055 Thomas Jefferson Street, NW Suite 210, Washington, DC 20007. Its
manager is John D. Gerber, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of GeerHouse Partners, LLC for contaminants at the Brownfields Property.
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The Parties agree that GeerHouse Partners, LLC's entry into this Agreement, and the
actions undertaken by GeerHouse Partners, LLC in accordance with the Agreement, do not
constitute an admission of any liability by GeerHouse Partners, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
GeerHouse Partners, 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 GeerHouse Partners, 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 the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
721 and 723 Rigsbee Avenue, 620 Foster Street (Durham
County Parcel Identification Number (PIN) 0822-90-3182)
Parcel Address(es) & Parcel
and 616 Foster Street ((PIN 0821-99-2974). These parcels
IDS
were formerly identified as PINS 0822-08-90-4036, 0821-08-
99-2971, 0822-20-41-6111, 0822-08-90-2088, and 0822-20-
90-4169.
Acreage
2.37 acres
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
GeerHouse Partners 2, LLC as to Durham County Real
Current Property Owner
Estated ID (REID) 105120 and GeerHouse Owner, LLC as to
REID 105118 as shown in Exhibit B.
Current Land Uses
Ongoing construction
Site Vicinity Land Uses
Commercial, retail, residential
High -density rental residential, retail, restaurant, event space,
Proposed Reuse(s)
recreational, open space, associated parking, and subject to
DEQ's prior approval, other commercial uses.
Job creation, tax base increases, revitalization of blighted
Public Benefits of Reuse
areas, preserved historic places, and environmental cleanup
activities
Existing Land Use
Restrictions Prior to
None
BrownEelds Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Site formerly operated by Moss Bread Company, Wright's
Executive Sales, and Uzzle Motor Co.
Historical Operations &
Contaminant Sources
Contaminant sources are past automotive dealership and
automotive repair facility uses on the Brownfields Property
that included the use of hydraulic lifts, underground storage
tanks USTs , and above ground storage tanks ASTs .
Current Operations/Activities
Redevelopment activities associated with Phase II
Construction
Soil: Arsenic, benzo(a)pyrene, cadmium, and chromium (VI)
were detected at concentrations above their respective
Residential Preliminary Soil Remediation Goals (PSRGs).
Groundwater: Benzene, 1,2-dichloroethane, naphthalene, tert-
butyl alcohol (TBA), and phenol were detected above their
respective NC 2L Groundwater Standards or IMACs.
Contaminated Media
Benzene, 1,2-dichloroethane, naphthalene, and total xylenes
were detected in groundwater above their respective
groundwater Residential Vapor Intrusion Screening Levels
(VISLs).
Exterior Soil Gas: Benzene, 1,3-butadiene, and chloroform
were detected above their respective soil gas Residential
VISLs.
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ENVIRONMENTAL INFORMATION SUMMARY
Sub -Slab Vapor: Benzene, chloroform, ethylbenzene, 1,2,4-
trimethylbenzene, 1,3,5-trimethylbenzene, and total xylenes
were detected above their respective Residential VISLs
within the footprint of the Phase I building and Motorco
Music Hall building.
ID Numbers/Permits
NONCD0003107
Onsite Receptors Considered
Construction workers, on -site workers, future residents,
visitors, and trespassers.
i. Water supply wells: No water supply wells are located in the
vicinity of the Brownfields Property.
ii. Residential structures, churches, or childcare centers: An
Potential Offsite Receptors
elementary school is located within 1,000 ft north and
Considered
upgradient to the Brownfields Property. Residences are
located within 1,000 ft to the north and east, upgradient to the
Brownfields Property.
iii. Surface water: The nearest named surface water body is
Ellerbe Creek, which is approximately 5,000 ft to the
northeast of the Brownfields Property.
Groundwater: Groundwater flow is to the north/northwest in
the site vicinity.
Potential offsite migration
pathways
Soil Vapor: The results of soil vapor testing on the
Brownfields Property are not expected to impact offsite
migration pathways.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Limited Phase II Environmental Site
ECS Carolinas, LLP
January 12, 2007
Assessment
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Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
Piedmont Geologic,
November 18, 2008
Report
P.C.
Geotechnical Engineering Report
ECS Southeast, LLP
September 23, 2019
Phase I Environmental Site Assessment
ECS Southeast, LLP
December 6, 2019
Report of Environmental Assessment Revision
ECS Southeast, LLP
April 16, 2021
Number 2.0
Letter Report of Post -Excavation Sampling
ECS Southeast, LLP
June 30, 2023
Revision Number 1.0
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 January 30, 2020 and
supplemental information on August 12, 2020, and the following:
a. On December 31, 2019 the Prospective Developer purchased Durham County
PINS 0822-08-90-4036 (721 Rigsbee Ave), 0822-20-41-6111 (no address), and 0822-20-90-4169
(723 Rigsbee Ave) and on November 6, 2020, the Prospective Developer purchased PINS 0821-
08-99-2971 (616 Foster St) and 0822-08-90-2088 (620 Foster St) of the Brownfields Property;
b. In November and December 2021, Prospective Developer commenced
demolition and grading activities, hydraulic lift and associated reservoir tank closures, and soil
excavation and disposal performed in accordance with the DEQ-approved Environmental
Management Plan (EMP) dated April 16, 2021, which is required by subparagraph 12.d. below.
c. In January and March 2023, Prospective Developer commenced grading
activities, soil removal and export, and building construction conducted in accordance with the
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DEQ-approved EMP dated June 7, 2022, which is required by subparagraph 12.d. below.
d. In December 2022 and March 2023, Prospective Developer allowed access for
a licensed environmental consultant to perform on behalf of the neighboring property owner, an
entity affiliated with the Prospective Developer, the following: on -site soil excavation, off -site
disposal of excavated impacted soil, and confirmatory soil testing associated with the migration
of hydraulic oil onto the Brownfields Property stemming from the November 12, 2022 hydraulic
oil release at the adjacent upgradient property located at 719 Rigsbee Avenue.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
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technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 100 construction jobs, 10 permanent property
operation jobs, and 50 additional permanent jobs with retail space uses;
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d. an increase in tax revenue for affected jurisdictions;
e. additional high -density rental residential, retail, restaurant, event space,
recreational, open space, associated parking, and subject to DEQ's prior approval, other
commercial space for the area;
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
or mitigation measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields 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) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
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Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.d. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. 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
rental residential, retail, restaurant, event space, recreational, open space, associated parking, and
subject to DEQ's prior written approval, other commercial 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 Rental Residential is defined as for -rent -only permanent
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dwellings where residential units are attached to each other with common walls, such as
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, townhomes, duplexes or other units with yards are prohibited.
ii. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
iv. Event Space is defined as a location where private or public gatherings
may be held, including family or company gatherings for social or business occasions, or other
entertainment -related gatherings such as charitable events, festivals, theater, musical or other
shows, which may include an outdoor stage, and the preparation and serving of food and
beverages, including alcoholic beverages, under all applicable local, state and federal regulations
to guests.
v. Recreation is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
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including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. 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.
vii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
viii. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
c. The Motorco Music Hall building on the Brownfields Property may not be used
for residential use without the prior written approval of DEQ.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
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describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
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:
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i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
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until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways of the Brownfields Property as delineated
on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this
Agreement.
i. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
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Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, or alternate standards approved in writing in advance by
DEQ and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the system has been designed so as to be fully
protective of public health within the meaning of NCGS § 130A-310.32 (a)(2), and shall include
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a
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description of the installation, with said engineer's professional seal confirming that the engineer
is satisfied that the system was installed per the DEQ approved design. If any deviations from
the system design were necessary during installation, then the report shall include details on said
deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in such
a manner so as to be fully protective of public health.
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 Wells
1. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, the owner shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
Notifications upon Transfer
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 Durham
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County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
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Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
use restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
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mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
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 paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.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
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applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section 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 Durham County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
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Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham
County land records, Book , Page ." A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
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the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 3 La. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated January 30, 2020 and the affidavit submitted on
August 12, 2020, by which it applied for this Agreement. That use is that which is provided in
paragraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
22
Wright's Executive Sales II/24007-20-032/20240429

and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
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
23
Wright's Executive Sales II/24007-20-032/20240429

new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24
Wright's Executive Sales II/24007-20-032/20240429

24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Parry for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
25
Wright's Executive Sales II/24007-20-032/20240429

and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
26
Wright's Executive Sales II/24007-20-032/20240429

inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management 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:
John D. Gerber
GeerHouse Partners, LLC
c/o Four Points, LLC
1055 Thomas Jefferson Street, NW
27
Wright's Executive Sales II/24007-20-032/20240429

Suite 210
Washington, DC 20007
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Parry 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).
Wright's Executive Sales II/24007-20-032/20240429

XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
29
Wright's Executive Sales II/24007-20-032/20240429

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 Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
GeerHouse Partners, LLC
By:
John D. Gerber
Manager
30
Date
Wright's Executive Sales II/24007-20-032/20240429

i
5-rt�
Cft
Lw
APPROXIMATE BROWNFIELD PROPERTY BOUNDARY
SOURCE: N FIGURE 1
USGS TOPOGRAPHIC MAP SITE TOPOGRAPHIC LOCATION MAP
7.5 MINUTE SERIES
NORTHWEST DURHAM, NC (TOP) + Wright's Executive Sales
SOUTHWEST DURHAM, NC (BOTTOM) Brownfields Project Number 24007-20-032
DATED: 2019 721 & 723 Rigsbee Ave; 620 & 616 Foster St.
SCALE: 1 : 24,000 Durham, Durham County, North Carolina
CONTOUR INVERVAL = 10' TM ECS Project Number: 49-10039-A

Exhibit 2
Brownfields Property Name: Wright's Executive Sales II
Brownfields Project Number: 24007-20-032
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
(gg/L)
Standard /L
MW-1
11/13/2006
1,900
Benzene
1
MW-2
11/13/2006
1.15
1,2-Dichloroethane
GW-5
11/16/2020
2.2
0.4
MW-1
11/13/2006
146
Naphthalene
6
MW-2
11/13/2006
14.2
Phenol
MW-1
11/13/2006
258
30
Tert-Butyl Alcohol
GW-6
11/16/2020
22
10
TBA
p-Isopropyltoluene
GW-6
11/16/2020
0.60 J
NSE
( -C mene
NSE — Screening level or regulatory standard not established.
Wrights Executive Sales 11/24007-20-032/20240429

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (February 2024 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level'
Intrusion
Level (µg/L)
(µg/L)
Benzene
MW-1
11/13/2006
1,900
1.6
1,2-Dichloroethane
GW-5
11/16/2020
2.2
2.2
MW-1
11/13/2006
146
Naphthalene
4.6
MW-2
11/13/2006
14.2
Total X lens
MW-1
11/13/2006
361
77
' 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.
Wrights Executive Sales 11/24007-20-032/20240429

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
February 2024 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentrati
on
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
SB1-5-10
10
ll/l/2006
4.21
0.68
S132-5-10
10
l l/l/2006
1.98
S133-5-10
10
l l/l/2006
1.33
SB-18
10
11/10/2006
1.68
SB-20
15
11/10/2006
2.85
SB-21
15
11/10/2006
1.11
SB-22
10
11/10/2006
1.95
SS-1/Du -6
0-5
11/2/2020
1.4/0.73
SS-2
0-5
10/28/2020
2.0
SS-3
0-5
10/27/2020
0.84
SS-4/Du -1
15-20
10/27/2020
0.94/1.1
SS-5
5-10
10/28/2020
0.91
SS-7
0-5
10/28/2020
1.0
SS-8
5-10
10/28/2020
1.4
SS-9
0-5
10/27/2020
1.3
SS-10
0-5
10/27/2020
1.6
PE-1/Du -l*
0.5
12/2/2022
3.08/2.45
PE-2*
0.5
12/2/2022
1.18
PE-3/PE-
Du *
0.5
3/27/2023
3.25/4.63
PE-4*
0.5
3/27/2023
2.14
Benzo a rene
SS-5
5-10
10/28/2020
0.20 J
0.11
Benzo ,h,i e lene
SS-5
5-10
10/28/2020
0.12 J
NSE
Cadmium
SB-19
10
11/10/2006
1.56
1.4
SB-20
15
11/10/2006
1.74
SB-22
10
11/10/2006
1.72
Chromium,
Hexavalent
SS-1
0-5
11/2/2020
0.41
0.31
SS-3
0-5
10/27/2020
0.48
SS-6
10-15
10/27/2020
0.35 J
SS-7
0-5
10/28/2020
0.52
Wrights Executive Sales 11/24007-20-032/20240429

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentrati
on
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
SS-8
5-10
10/28/2020
0.43 J
SS-9
0-5
10/27/2020
0.40 J
PE-1 /Du -1 *
0.5
12/2/2022
0.678/3.70
PE-2*
0.5
12/2/2022
1.22
P - Dup*
Du
0.5
3/27/2023
0.462/0.746
PE-4*
0.5
3/27/2023
0.574
Phenanthrene
SS-5
5-10
10/28/2020
0.27
NSE
4-Iso ro ltoluene
CSB1-18
10
11/10/2006
0.0991
NSE
TPH Gasoline Range
Organics (GRO)
SB6-5-6
10
11/01/2006
659
2
50
SB-10-10
10
11/01/2006
54
SB-14
10
11/10/2006
140
SB-18
10
11/10/2006
160
SB-23
15
11/10/2006
108
TPH Diesel Range
Organics (DRO)
SB1-5-10
10
11/01/2006
160
2
100
SB2-5-10
10
11/01/2006
749
SB4-5-10
10
11/01/2006
302
SB-10-10
10
11/01/2006
363
SB-14
10
11/10/2006
1610
SB-16
15
11/10/2006
314
SB-23
15
11/10/2006
122
Oil & Grease
SB-1-5-10
10
11/01/2006
467
NSE
SB2-5-10
10
11/01/2006
2010
SB3-5-10
10
11/01/2006
104
SB4-5-10
10
11/01/2006
1580
SB-22
10
11/10/2006
53.1
SB-23
15
11/10/2006
357
'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.
z NC DEQ Underground Storage Tank Action Level
*The PE -Series samples represent composite samples comprised of 5 sub samples.
NSE — No screening level established
J — Estimated concentration between the method detection limit and the laboratory reporting limit.
Wrights Executive Sales 11/24007-20-032/20240429
4

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2024 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
SG-9
10/29/2020
15
12
Chloroform
SG-8
11/3/2020
13
4.1
Ethanol
SG-6
10/29/2020
71
NSE
SG-7
10/29/2020
60
SG-8
11/3/2020
67 J
SG-9
10/29/2020
270
SG-10
10/28/2020
150
SG-11
10/28/2020
81
SG-12
10/28/2020
500
Eth lbenzene
SG-8
11/3/2020
180
37
4-Eth ltoluene
SG-10
10/28/2020
2.6
NSE
1,2,4-Trimeth lbenzene
SG-8
11/3/2020
750
420
1,3,5-Trimeth lbenzene
SG-8
11/3/2020
610
420
Trichlorofluoromethane
SG-6
10/29/2020
1.6 J
NSE
SG-7
10/29/2020
1.4 J
SG-10
10/28/2020
1.5 J
SG-12
10/28/2020
1.5 J
X lens, Total
SG-8
11/3/2020
1,140
700
'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.
Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this property.
NSE — Screening level or regulatory standard not established.
J — Estimated concentration between the method detection limit and the laboratory reporting limit.
Wrights Executive Sales 11/24007-20-032/20240429

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
SG-1
10/28/2020
25
12
SG-2/Du-5
10/28/2020
12
1,3-Butadiene
SG-1
10/28/2020
58
3.1
Chloroform
SG-1
10/28/2020
13
4.1
SG-2/Du-5
10/28/2020
7.7/7.6
Ethanol
SG-1
10/28/2020
62
NSE
SG-2/Du-5
10/28/2020
64 J/69 J
SG-3
11/2/2020
19
SG-4
11/2/2020
20
SG-5/Du-4
11/2/2020
18
Trichlorofluoromethane
SG-3
11/2/2020
1.4 J
NSE
SG-4
11/2/2020
1.2 J
SG-5/Du -4
11/2/2020
1.5 J
'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.
Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this property.
NSE — Screening level or regulatory standard not established.
J — Estimated concentration between the method detection limit and the laboratory reporting limit.
Wrights Executive Sales 11/24007-20-032/20240429
6

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This document o4 all reproducible copies of this
document are the property of Thomas & Hutton.
Reproduction of thi document is not permitted without
written consent of Thomas & Hutton unless this
document become a matter of public record.
ALTERATIONS TO THIS DOCUMENT ARE NOT PERMITTE .
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SG-6 634 FOSTER ST
636 FOSTER ST
721 RIGSBEE AVE
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LOT AREA:
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TND CAPITAL MANAGEMENT LLC
PIN 0822903376 HUTCHINS PROPERTIES LLC
REID 105020 PIN 0822105346
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WEST GEER STREET
VARIABLE WIDTH PUBLIC R/W
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N:820,263.77
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N 89°21'19" E 171.50'
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EX. PUBLIC SIDEWALK EASEMENT
PB 208 PG 186
SG-8
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STATE OF NORTH CAROLINA
COUNTY OF DURHAM
I, REVIEW OFFICER OF DURHAM
COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY
REQUIREMENTS FOR RECORDING.
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LENGTH
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5.27'
L2
N
71 °35'39"
W
15.07'
L3
S 88°09'20"
E
109.98'
L4
S 64°28'37"
E
12.38'
L5
S 73' 16'21 "
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230.19'
L6
N 73' 16'21 "
W
240.53'
L7
N 64°28'37"
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9.06'
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N 88°09'20"
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108.38'
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N/F ELLEN C CASSILLY REAL EASTATE
PIN 0821992776
REID 105119
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/ Jeffrey P. Williams, certify that this map was drawn under my supervision from an actual CPS (or GNSS) survey made
REID 226725
under my supervison, that any boundaries not surveyed are clearly indicated as drawn from references shown and/or drawn
DB 9717/494
with a broken line and the following information was used to perform the survey:
PB 32/154
Class of survey: A
Positional accuracy: 0.007m
Type of CPS (or GNSS) field procedure: OPUS
Date(s) of survey: 110212024
Datum/Epoch: N4083(2011)/2010.0000
Published/fixed controh.
REID DESIGNATION LATITUDE LONGITUDE DISTANCE(m)
000 0000000000
DK7576 NCNA NASHVILLE CORS ARP N355809.068 W0780111.341 78360.3
DK6525 NCSF SMITHFIELD CORS ARP N353349.609 W0782010.805 64914.4
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NOTES
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Units: US Survey Feet at ground
1) THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT- THEREFORE THERE MAY EXIST
Existing PK Nail
• PK
ENCUMBRANCES TO TITLE OF THE SUBJECT PROPERTIES NOT ADDRESSED BY THIS SURVEY.
PK Nail Set
• PKS
That this plot was prepared in accordance with G.S. 47-30 as amended.
2) THIS SITE IS IN FLOOD ZONE X (MINIMAL FLOOD RISK) PER FEMA PANEL 5720082200K & 3720082100L,
Concrete Monument
IN
That this plat meets the requirement of G.S. 47-30 section F-11-d, that the survey is of another category, such as the
DATED 1011912018.
Brownfields Property
recombination of existing parcels, a court ordered survey, or other exemption or exception to the definition of subdivision.
3) UTILITIES SHOWN AS MARKED BY THEIR RESPECTIVE AGENTS AND PUBLIC RECORD DOCUMENTS.
4) NO HORIZONTAL CONTROL MONUMENT FOUND WITHIN 2000'.
Exterior Soil Gas Sample
SG
5) THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED
Soil & Groundwater Sample
SS/GW (0
Witness my original signature and seal this the 22nd day of April, 2024.
FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING.
Soil Sample
SS,SB,B
A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE
Sub Slab Soil Gas Sample
SG
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
Composite Soil Sample
PE O
Groundwater Sample MW 0
Mr.T H O M AS
CA�r�
`\����'� .. • • • RQ�'
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EXHIBIT B to the Notice of Brownfields Property -SURVEY PLAT
Brownfields Project Name: Wright's Executive Sales II
Owner: GeerHouse Owner LLC & GeerHouse Partners 2 LLC
30 0
30 60
& _ & HUTTON _
H U T T O N = ENGINEERING : _
c CO. : Z ;
No. F-0871
' .
1 1 1 West Main Street �''. `�r''° o�\.``�
Durham, NC 27701 • 919.682.0368 'e OF A0� `���`
Prospective Developer: GeerHouse Partners, LLC
Brownfields Project #24007-20-032
DURHAM TOWNSHIP; DURHAM COUNTY, NORTH CAROLINA
ADDRESS:401 & 415 W GEER ST, 620, 634 & 636 FOSTER ST 721 & 723 RIGSBEE AVE
PIN 0822903182
616 & 618 Foster St
PIN 0821992974
plat drawn
04/22/24 JPW
1 INCH = 30 FEET
reviewed field crew
JPW 01/02/24 DL/BP
www.thomasandhutton.com
Survey For: Geerhouse Partners LLC
1055 THOMAS JEFFERSON NW STE 210 WASHINGTON, DC 20007
job 91616.CJT0
SHEET 1 OF 3
No.1 Revision By Date

________ FOR THE PURPOSES OF §NCGS 130A-310.35
BRUCE NICHOLSON, CHIEF DATE
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
WAKE COUNTY
LAND USE RESTRICTIONS
NCGS 13OA-310.35(a) requires recordation of a Notice of Brownfields Property (`Notice") that identifies any restrictions on the current and future use of a Brownfields Property
that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the property and that are designated in a Brownfields
Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the
Durham County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced
version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use
restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields
Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North
Carolina Department of Environmental Quality (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 13OA-310.35(e):
Land Uses
a. No use may be made of the Brownfields Property other than for high —density rental residential, retail, restaurant, event space, recreational, open space,
associated parking, and subject to DEC's prior written approval, other commercial 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 Rental Residential is defined as for —rent —only permanent dwellings where residential units are attached to each other with common walls,
such as 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, townhomes, duplexes or other units with yards are prohibited.
ii. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks.
iii. Restaurant is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under all
applicable local, state, and federal regulations, to patrons.
iv. Event Space is defined as a location where private or public gatherings may be held, including family or company gatherings for social or business
occasions, or other entertainment —related gatherings such as charitable events, festivals, theater, musical or other shows, which may include an outdoor stage, and
the preparation and serving of food and beverages, including alcoholic beverages, under all applicable local, state and federal regulations to guests.
v. Recreation is defined as indoor and outdoor exercise —related, physically focused, or leisure —related activities, whether active or passive, and the facilities for
some, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses, sports —related courts and fields, open space, greenways, parks,
playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. 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.
vii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for some.
viii. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, with the exception of educational space and
childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
c. The Motorco Music Hall building on the Brownfields Property may not be used for residential use without the prior written approval of DEQ.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEC, with an Environmental Management Plan
(`EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the
other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3
above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil —water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated
from the Brownfields Property during redevelopment.
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).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems
necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a above while fully protecting public health and the
environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the
DEQ—approved EMP outlined in subparagraph 12.d., or a plan approved in writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said
activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 12.o above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above —ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by
email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by
DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ—approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant
to a plan approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways of the
Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this Agreement.
i. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEC's satisfaction and the written approval
of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
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No. F-0871
1 1 1 West Main Street
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Durham, NC 27701 • 919.682.0368 ►111111t11``\
www.thomasandhutton.com
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may be occupied until DEQ determines in writing that:
I. the building is or would be protective of the building's users and public health from the risk of vapor intrusion based on site assessment data, or a site —specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, or alternate
standards approved in writing in advance by DEQ and that a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal, is satisfied that the system has
been designed so as to be fully protective of public health within the meaning of NCGS § 130A-310.32 (a)(2), and shall include performance monitoring plan detailing methodologies and schedule,
both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as —built diagrams, photographs, and a description of the installation, with said engineer's professional seal confirming that the engineer is satisfied that
the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as
well as the engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public health.
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 Wells
I. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ—approved monitoring well is damaged by the owner, its contractors, or its
tenants, the owner shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notifications upon Transfer
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 Durham County land records, Book ___ Page ___." A copy of any such instrument shall be sent to the persons listed in
Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the
confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every
lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies
of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said
leases, to the persons listed in Section XVII.
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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on —board tanks integral to said equipment or in flammable liquid storage
containers totaling no more than 25 gallons;
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of
that year shall submit a notarized Land Use Restrictions Update (`LURU") to DEQ, and to the chief public health and environmental officials of Durham County, certifying that, as of said January
1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Durham County Register of Deeds office and that the land use restrictions are being
complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the
following:
I. the Brownfields Property address, and the name, mailing address, telephone number, and contact person's e—mail address of the owner, or board, association or approved entity,
submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e—mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted,
transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.j. above are performing as designed, and whether the uses of the ground floors, including
any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the
operation of said system.
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
paragraphs 17 and 18 of this agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
EXHIBIT B to the Notice of Brownfields Property —SURVEY PLAT
Brownfields Project Name: Wright's Executive Sales II
Owner: GeerHouse Owner LLC & GeerHouse Partners 2 LLC
Prospective Developer GeerHouse Partners, LLC
Brownfields Project #24007-20-032
DURHAM TOWNSHIP; DURHAM COUNTY, NORTH CAROLINA
ADDRESS:401 & 415 W GEER ST, 620, 634 & 636 FOSTER ST 721 & 723 RIGSBEE AVE
PIN 0822903182
616 & 618 Foster St
PIN 0821992974
Survey For: Geerhouse Partners LLC
1055 THOMAS JEFFERSON NW STE 210 WASHINGTON, DC 20007
30 0 30 60
1 INCH = 30 FEET
plat drawn reviewed field crew
04/10/24 JPW JPW 01/02/24 DL/BP
job 91616.CJT0
SHEET 2 OF

Exhibit 2
Brownfields Property Name: Wright's Executive Sales II
Brownfields Project Number: 24007-20-032
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
(-cg/L)
Standard oc /L
MW-1
11/13/2006
1,900
Benzene
1
MW-2
11/13/2006
1.15
1,2-Dichloroethane
GW-5
11/16/2020
2.2
0.4
MW-1
11/13/2006
146
Naphthalene
6
MW-2
11/13/2006
14.2
Phenol
MW-1
11/13/2006
258
30
Tert-Butyl Alcohol
GW-6
11/16/2020
22
10
(TBA)
p-Isopropyltoluene
GW-6
11/16/2020
0.60 J
NSE
-C ene
NSE - Screening level or regulatory standard not established.
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (February 2024 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level
Intrusion
Level (cg/L)
(ocg/L,)
Benzene
MW-1
11/13/2006
1,900
1.6
1,2-Dichloroethane
GW-5
11/16/2020
2.2
2.2
MW-1
11/13/2006
146
Naphthalene
4.6
MW-2
11/13/2006
14.2
Total X lenes
MW-1
11/13/2006
361
77
' 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.
THOMAS
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1 '®�T�TON
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�. THOMAS
& HUTTON
ENGINEERING
�'• CO. z
No. F-0871
1 1 1 West Main Street �TF OF A jN\d,-
Durham, NC 27701 919.682.0368
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
February 2024 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentrati
on
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
S131-5-10
10
ll/l/2006
4.21
0.68
S132-5-10
10
11 / 1 /2006
1.98
S133-5-10
10
l l/l/2006
1.33
SB-18
10
11/10/2006
1.68
SB-20
15
11/10/2006
2.85
S B-21
15
11/10/2006
1.11
SB-22
10
11/10/2006
1.95
SS-1/Du-6
0-5
11/2/2020
1.4/0.73
SS-2
0-5
10/28/2020
2.0
SS-3
0-5
10/27/2020
0.84
SS-4/Du -1
15-20
10/27/2020
0.94/1.1
SS-5
5-10
10/28/2020
0.91
SS-7
0-5
10/28/2020
1.0
SS-8
5-10
10/28/2020
1.4
SS-9
0-5
10/27/2020
1.3
SS-10
0-5
10/27/2020
1.6
PE-1/Du -l*
0.5
12/2/2022
3.08/2.45
PE-2*
0.5
12/2/2022
1.18
PE-3/PE-
Du *
0.5
3/27/2023
3.25/4.63
PE-4*
0.5
3/27/2023
2.14
Benzo a rene
SS-5
5-10
10/28/2020
0.20 J
0.11
Benzo ,h,i e lene
SS-5
5-10
10/28/2020
0.12 J
NSE
Cadmium
S B-19
10
11/10/2006
1.56
1.4
SB-20
15
11/10/2006
1.74
SB-22
10
11/10/2006
1.72
Chromium,
Hexavalent
SS-1
0-5
11/2/2020
0.41
0.31
SS-3
0-5
10/27/2020
0.48
SS-6
10-15
10/27/2020
0.35 J
SS-7
0-5
10/28/2020
0.52
SS-8
5-10
10/28/2020
0.43 J
SS-9
0-5
10/27/2020
0.40 J
PE-1/Du -1*
0.5
12/2/2022
0.678/3.70
PE-2*
0.5
12/2/2022
1.22
PE-3/PE-
Du *
0.5
3/27/2023
0.462/0.746
PE-4*
0.5
3/27/2023
0.574
Phenanthrene
SS-5
5-10
10/28/2020
0.27
NSE
4-Iso ro ltoluene
CSB1-18
10
11/10/2006
0.0991
NSE
TPH Gasoline Range
Organics (GRO)
S136-5-6
10
11/01/2006
659
2
50
SB-10-10
10
11/01/2006
54
SB-14
10
11/10/2006
140
SB-18
10
11/10/2006
160
SB-23
15
11/10/2006
108
TPH Diesel Range
Organics (DRO)
SB 1-5-10
10
11/01/2006
160
100 2
S132-5-10
10
11/01/2006
749
S134-5-10
10
11/01/2006
302
SB-10-10
10
11/01/2006
363
SB-14
10
11/10/2006
1610
SB-16
15
11/10/2006
314
S B-23
15
11/10/2006
122
Oil & Grease
SB-1-5-10
10
11/01/2006
467
NSE
S132-5-10
10
11/01/2006
2010
S133-5-10
10
11/01/2006
104
S134-5-10
10
11/01/2006
1580
SB-22
10
11/10/2006
53.1
SB-23
15 1
11/10/2006
357
'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 NC DEQ Underground Storage Tank Action Level
*The PE -Series samples represent composite samples comprised of 5 sub samples.
NSE - No screening level established
J - Estimated concentration between the method detection limit and the laboratory reporting limit.
EXHIBIT B to the Notice of Brownfields Property -SURVEY PLAT
Brownfields Project Name: Wright's Executive Sales II
Owner: GeerHouse Owner LLC & GeerHouse Partners 2 LLC
Prospective Developer GeerHouse Partners, LLC
Brownfields Project #24007-20-032
DURHAM TOWNSHIP; DURHAM COUNTY, NORTH CAROLINA
ADDRESS:401 & 415 W GEER ST, 620, 634 & 636 FOSTER ST 721 & 723 RIGSBEE AVE
PIN 0822903182
616 & 618 Foster St
PIN 0821992974
Survey For: Geerhouse Partners LLC
1055 THOMAS JEFFERSON NW STE 210 WASHINGTON, DC 20007
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2024 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level oc m3
Residential
Screening
Level'
oc /m3
Benzene
SG-9
10/29/2020
15
12
Chloroform
SG-8
11/3/2020
13
4.1
Ethanol
SG-6
10/29/2020
71
NSE
SG-7
10/29/2020
60
SG-8
11/3/2020
67 J
SG-9
10/29/2020
270
SG-10
10/28/2020
150
SG-11
10/28/2020
81
SG-12
10/28/2020
500
Eth lbenzene
SG-8
11/3/2020
180
37
4-Eth ltoluene
SG-10
10/28/2020
2.6
NSE
1,2,4-Trimeth lbenzene
SG-8
11/3/2020
750
420
1,3,5-Trimeth lbenzene
SG-8
11/3/2020
610
420
Trichlorofluoromethane
SG-6
10/29/2020
1.6 J
NSE
SG-7
10/29/2020
1.4 J
SG-10
10/28/2020
1.5 J
SG-12
10/28/2020
1.5 J
X lens, Total
SG-8
11/3/2020
1,140
700
'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.
Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this property.
NSE - Screening level or regulatory standard not established.
J - Estimated concentration between the method detection limit and the laboratory reporting limit.
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level oc m 3)oc
Residential
Screening
Level'
m3
Benzene
SG-1
10/28/2020
25
12
SG-2/Du -5
10/28/2020
12
1,3-Butadiene
SG-1
10/28/2020
58
3.1
Chloroform
SG-1
10/28/2020
13
4.1
SG-2/Du -5
10/28/2020
7.7/7.6
Ethanol
SG-1
10/28/2020
62
NSE
SG-2/Du -5
10/28/2020
64 J/69 J
SG-3
11/2/2020
19
SG-4
11/2/2020
20
SG-5/Du -4
11/2/2020
18
Trichlorofluoromethane
SG-3
11/2/2020
1.4 J
NSE
SG-4
11/2/2020
1.2 J
SG-5/Du -4
11/2/2020
1 1.5 J
'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.
Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this property.
NSE - Screening level or regulatory standard not established.
J - Estimated concentration between the method detection limit and the laboratory reporting limit.
30 10 30 , 60
1 INCH = 30 FEET
plat drawn reviewed field crew
04/10/24 JPW JPW 01 /02/24 DL/BP
www.thomasandhutton.com
job 91616.CJT0
SHEET 3 OF

Exhibit C
Legal Description
Beginning at a point at the intersection of the southern right of way of West Geer Street and the
western right of way of Rigsbee Avenue and having NC grid (NAD83) coordinates of north
820,265.70 and east 2,029,545.00; thence N 00' 17'56" E a distance of 99.81' to a point; thence N
89°24'00" E a distance of 80.11' to a point; thence N 89°21' 19" E a distance of 171.50' to a point;
thence S 01°38'12" E a distance of 149.97' to a point; thence S 02°13'20" E a distance of 9.98' to
a point; thence S 01°38'45" E a distance of 97.97' to a point; thence S 88°48'47" W a distance of
138.90' to a point; thence S 00°48'00" W a distance of 21.63' to a point; thence S 88°48'47" W a
distance of 61.57' to a point; thence S 00°13'37" W a distance of 64.12' to a point; thence S
00° 13'37" W a distance of 36.76' to a point; thence S 89°24'47" W a distance of 160.08' to a
point; thence N 00°14'37" E a distance of 74.99' to a point; thence N 00°22'21" E a distance of
207.32' to a point; thence N 89° 17'22" E a distance of 99.94' to a point, thence N 00° 17'56" E a
distance of 99.81' to a point; thence N 89°24'00" E a distance of 80.11' to a point;
thence N 89°21'19" E a distance of 171.50' to a point, which is the point of beginning, having an
area of 103,258.56 square feet, 2.3705 acres.
Wrights Executive Sales 11/24007-20-032/20240429