Zion Ave LOE-OCR

Zion Ave, Eligibility Ltr.
June 18, 2014
According to the BP A, the intended redevelopment for the site is a mixture of commercial, retail and
residential redevelopment. Because risk management decisions may vary depending on the nature of
the redevelopment, it will be important that DENR review the locations of the various elements.
Please forward any maps or drawings indicating these details, even if they are only preliminary or
conceptual. Also: Please note that Renaissance Square, LLC does not have the liability protections
a Brownfields Agreement offers unless and until it is executed. Thus, pending the execution of a
Brownfields Agreement, you operate at the site at the risk of jeopardizing your eligibility and/or
becoming a party responsible for the contamination at the site if an agreement is not finalized. This
makes it very much in your interest to consult closely with the Project Manager regarding any
planned site activities prior to agreement finalization.
Please be aware that ifthe applicant Prospective Developer, Renaissance Square, LLC, does
not actually buy the property for redevelopment, it cannot be a Prospective Developer under our
authorizing statute and loses its eligibility for the Brownfields Program. This refers to Renaissance
Square, LLC itself, not an affiliate or any other party.
Also, if a party other than the Prospective Developer will own the Brownfields property at
the conclusion of the brownfields process, the final Notice ofBrownfields Property (which gets
recorded at the Register of Deeds' office and to which the Brownfields Agreement is an exhibit)
must be signed not only by the Prospective Developer but by that property owner. Failure by the
Prospective Developer to ensure, by the time Brownfields Agreement negotiations are complete, the
willingness to sign of any such party, and to provide DENR the exact name, e-mail address,
telephone number and U.S. mail address of the party (along with signatory/signatory's title in the
case of an entity) will delay, and could prevent, the Brownfields Agreement taking effect.
Again, we are excited about the potential for public benefit for Mecklenburg County offered
by the reuse of the Zion A venue site, and we look forward to working with you to advance this
brownfields redevelopment project. If you have questions about this correspondence or require
additional information, please feel free to contact the Project Manager, Joe Ghiold, by phone at 919-
. 707-8375, or by e-mail [e-mail].
cc: Project File
ec: Bruce Nicholson, DENR
Joe Ghiold, DENR
Si7J' rJ,_
Linda M. Culpepper, Director
Division of Waste Management