15030_Parks Suzuki-Parks Holdings_LURUModel_2015_04_29

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
Parks Suzuki/Parks Holdings 2309 North Main Street
(multiple)
Project #: County:
15030-11-041 Guilford

Property Owner (In part or whole):

Read the following LURs and mark each restriction accordingly. Additional remarks may be added for
compliance status clarification. Attach any required or supplemental documentation, sign, notarize and
submit to the following address:
NC Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646

LUR 1:No use may be made of the Property other than for Commercial use. For
purposes of this restriction, "Commercial" use refers to a business enterprise which may include,
but is not limited to, office, wholesale, retail such as a shopping center, restaurant, financial
center (including banks and drive-through automatic teller machines), tire and auto center, car
wash, convenience store with storage tanks and dispensers for the sale of petroleum fuels
provided they are located at the Property in a manner consistent with LUR 8 below, and/or the
provision of services (including medical and dental offices), plus related accessory uses such as
office, storage and parking areas.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 2:Unless compliance with this LUR is waived in writing in advance by the
Department of Environment and Natural Resources (“DENR”) in relation to a particular
building, no use of the Property may occur prior to demolition of all buildings on the Property
depicted on the plat component of the Notice of Brownfields Property (“Notice”) in accordance
with the Environmental Management Plan ("EMP") required in LUR 3 below, approved in
writing by DENR in advance and with all applicable legal requirements, including without
limitation those related to lead and asbestos abatement that are administered by the Health
Hazards Control Unit within the Division of Public Health of the North Carolina Department of
Health and Human Services.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Parks Suzuki/Parks Holdings (#15030-11-041)

LUR 3:Physical redevelopment of the Property may not occur other than in
accordance with (as determined by DENR) an EMP that is approved in writing by DENR in
advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment
phase). The EMP shall address health, safety and environmental issues that may arise from use
of the Property during construction or redevelopment and describe the planned redevelopment
activities at the Property. Unless this provision or any part of this provision is waived in writing
by DENR, a new EMP shall be developed, or the existing EMP shall be revised, to reflect
redevelopment phases or activities not already included in an approved EMP. The EMP shall
include without limitation:

a.soil and water management issues during redevelopment, including without
limitation those resulting from contamination identified in the Environmental
Reports;

b.issues related to potential sources of contamination referenced in paragraph of
Exhibit A hereto;

c.contingency plans for addressing, including without limitation the testing of soil
and groundwater, newly discovered potential sources of envirot1mental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators,
soil contamination); and

d.plans for capping potentially contaminated soil at the Property (if any) if DENR
determines that the soil otherwise would pose a potential threat to human health
and/or the environment if not capped with hardscape (e.g., paving), geotextile
fabric, clean soil fill, or another DENR-approved material.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 4:During January of the year following completion of each redevelopment phase
the then owner of the Property shall provide DENR a report, subject to written DENR approval,
on environment-related activities since the last report, with a narrative summary and drawings
that describes:

a.actions taken in accordance with LUR 2 above and the plan required by LUR 3
above;

b.soil grading and cut and fill actions;

c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media if contamination is suspected or discovered;

d.stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition, whether on site or off site, of any soil,
groundwater or other materials suspected or confirmed to be contaminated with
regulated substances;

e.removal of contaminated soil, contaminated water or other contaminated materials
(for example, potentially contaminated concrete or demolition debris), if any,
from the Property (copies of all legally required manifests shall be included); and

Parks Suzuki/Parks Holdings (#15030-11-041)

f.soil capping actions required by LUR 3(d) above, if any.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 5:Following the conclusion, as determined by DENR, of each phase of physical
redevelopment referenced in Land Use Restriction 4 above, no activities that disturb soil on the
Property may occur unless and until DENR states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DENR deems necessary to
ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting
public health and the environment, except:

a.in connection with soil removals to depths note exceeding 36 inches;

b.mowing and pruning of above-ground vegetation; and/or

c.for emergency repair of underground infrastructure, provided that DENR shall be
given written notice (if only by email) of any such emergency repair no later than
the next business day, and that any related assessment and remedial measures
required by DENR shall be taken if suspected or confirmed environmental media
was detected.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 6:Following the conclusion, as determined by DENR, of each phase of physical
redevelopment referenced in Land Use Restriction 4 above, no activities that encounter, expose,
remove or use groundwater (for example, installation of water supply wells, fountains, ponds,
lakes or swimming pools, or construction or excavation activities that encounter or expose
groundwater) that are not covered by the EMP may occur on the Property unless DENR states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with
any measures DENR deems necessary to ensure the Property will be suitable for the uses
specified in LUR 1 above while fully protecting public health and the environment.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Parks Suzuki/Parks Holdings (#15030-11-041)

LUR 7:The Property may not be used as for child care centers or schools unless and
until DENR states in writing, in advance of the proposed child-related use, that said use may
occur if carried out along with any measures DENR deems necessary to ensure the Property is
suitable for use as a child care center or school while fully protecting public health and the
environment.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:None of the contaminants known to be present in the environmental media at
the Property, including without limitation those listed in paragraph 8 of Exhibit A, may be used
or stored at the Property without the prior written approval of DENR, except:

a.in de minimis amounts for cleaning and other routine housekeeping activities;

b.as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles; and/or

c.as constituents of products and materials customarily used, stored and sold in
Commercial environments, provided such products and materials are used, stored,
sold and disposed of in accordance with applicable laws;

absent compliance with a plan, approved in advance and in writing by DENR, for managing
substances containing said contaminants such that, should a release of those substances occur at
the Property, the subject contaminants in that release would be distinguishable with certainty
from the subject contaminants in any known release at the Property that predates the Brownfields
Agreement. The storage, use, dispensing and sale of petroleum fuels are allow in accordance
with the regulatory requirements found at 15A NCAC 2N and 40 C.P.R. 28 for regulated
underground storage tanks (USTs) and in accordance with applicable law (e.g., re codes, etc.) for
nonregulated USTs (e.g., fuel oil) and aboveground tanks (ASTs). These regulated and
nonregulated USTs and ASTs may be installed and operated onsite provided the components of
the fuel storage and dispensing system(s) (USTs, ASTs, fuel lines, dispensers) are located at the
Property in compliance with the DENR-approved plan referenced above in this LUR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Parks Suzuki/Parks Holdings (#15030-11-041)

LUR 9:Neither DENR, nor any party conducting environmental assessment or
remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued
or entered into by DENR, may be denied access to the 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 Property.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 10:Any deed or other instrument conveying an interest in the Property executed
by an owner of any interest in the Property shall contain the following notice: "The property
which is the subject of this instrument is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Guilford County land records,
Book 7678, Page 1421." A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions) of Exhibit A hereto, though financial figures related to
the conveyance may be redacted. If DENR issues prior, written approval, an owner may use the
following mechanisms to comply with the obligations of this subparagraph, subject to the terms
and conditions that DENR may establish in such approval: a) The owner may provide DENR
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 XV (Notice and
Submissions) of Exhibit A hereto; and (b) the owner may provide abstracts of leases, rather than
full copies of said leases, to the persons listed in Section XV.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 11:During January of each year after the year in which the Notice of Brownfields
st
Property is recorded, the owner of any part of the Property as of January 1 of that year shall
submit a notarized land use restrictions update ("LURU") to DENR, and to the directors of the
agencies having jurisdiction over public health and the environment for Guilford County,
st
certifying that, as of said January 1, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Guilford County Register of Deeds office and that the
land use restrictions are being complied with, and stating:

a.the name, mailing address, telephone and facsimile numbers, and contact person's
e-mail address of the owner submitting the LUR U if said owner acquired any part
of the Property during the previous calendar year;
______________________________________________________________

b.the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner transferred any part of the Property
during the previous calendar year; and
______________________________________________________________

Parks Suzuki/Parks Holdings (#15030-11-041)

c.whether all products used or stored at the Property that contain any of the
contaminants known to be present in the environmental media at the Property,
including petroleum fuel and petroleum products, are being managed in
compliance with the plan (if any) required by LUR 8 above.
______________________________________________________________

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Guilford County Register of
Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by _____________, owner of at least part of the

Brownfields Property on this ___day of _________, 20__.

Name typed or printed of party making certification: __________________

\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]

By: __________________________ (signature)

Name typed or printed: __________________
Title typed or printed: ___________________

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: _________________