HomeMy WebLinkAbout16063_Renaissance Place Apts_LURUModel_2014_09_23NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Renaissance Place Apts.
Project #: 16063-12-060
Address: 631 North Tryon Street
County: Mecklenburg
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
Attn: Brownfields Program Staff
1646 Mail Service Center
Raleigh, NC 27699-1646
No use may be made of the Property other than for residential purposes, parking, office and retail. For purposes of this restriction, the following definitions apply:
"High Density Residential" refers to use for a dwelling of a multi-unit building, and ancillary uses related thereto, including but not limited to, a swimming pool, gymnasium, movie
theater, game rooms, outdoor courtyard and a leasing facility;
"Parking" refers to the temporary accommodation of motor vehicles in an area designed for same;
"Office" refers to a use or structure where business or professional services are conducted or rendered.
"Retail" refers to the sale of goods, food, beverages, products or merchandise directly to the consumer.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil disturbances must be handled in accordance with an approved Soil Management Plan including subsequent DEQ approved modifications to that plan.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Property above applicable standards or screening levels, including those listed in paragraph 7 of the
Brownfields Agreement (“Agreement”; aka: Exhibit A), may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other
routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Property may not be used as an outdoor park or for outdoor sports involving ground contact of any kind without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Property may not be used as a playground, or for child care centers or schools, other than post-secondary schools, without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The owner of any portion of the Property where any existing, or subsequently installed, DEQ approved monitoring well "is damaged shall be responsible for repair of any such wells to
DEQ's written satisfaction and within a time period acceptable to DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Neither DEQ, 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 DEQ, 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: ______________________________________________________________
During January of each year after the year in which the Notice referenced in paragraph 18 of Exhibit A is recorded, the owner of any part of the Property as of January 1st of that year
shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and the land use restrictions
are being complied with. A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. The LURU shall include:
the name, mailing address, telephone and facsimile numbers, 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 the joint LURU is submitted) acquired any part of the Property in fee during the previous calendar year.
______________________________________________________________
the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner (or each of the owners on whose behalf the joint LURU is submitted)
transferred any part of the Property in fee during the previous calendar year.
______________________________________________________________
☐ 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 Mecklenburg 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: _________________