19040 Atando PC Approval Package 20170615

From:Minnich, Carolyn
To:Scott Brendle ([e-mail]); George W. Sistrunk; Bill Stokesbury ([e-mail]);Corbitt, Chris L. ([e-mail])
Cc:michael scott; Wahl, Tracy; Nicholson, Bruce; Edwards, Caroline; "DSouza, Flora J"
Subject:19040-15-060 Approval to Public Comment
Date:Thursday, June 15, 2017 11:49:00 AM
Attachments:19040 Atando PC Approval Package 20170615.pdfimage003.png
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice of
Intent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and the
Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of theNBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) inconnection with the required public notice and comment period of at least 30 days regarding the
subject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which thebrownfields property is located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Provide a copy of the full NI to the local location where it will be available for public review asstated in the SNI, and
5. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits
(the Brownfields Agreement, the survey plat, and the legal description), to all local governmentshaving jurisdiction over the brownfields property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion of
the above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks by Thursday, June 29, 2017, are attached hereto. Thecomment period shall not end any sooner than 30 days after you complete the tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the
public notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted by promptly providing to me, preferably at [e-mail] or atBrownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:
· Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in
the newspaper which shows the name of the newspaper and the date of publication,
· Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
· Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
· A letter confirming receipt of the full NI from each local government entity and the entity
where the document will be available for viewing or delivery confirmation from the carrierconfirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additionalinformation, you may contact me.

Carolyn Minnich
Brownfields Project Manager
Division of Waste Management
Department of Environmental Quality

704 661 0330 office/mobile
[e-mail]

1646 Mail Service Center
Raleigh, NC 27699-1646

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

19040-15-060/Atando Ave (draft 20170529)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Atando Ave Brownfields Project Number: 19040-15-060

North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
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 prepared in accordance with NCGS § 130A-310.35. The party (”Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of 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 requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than Thursday,
June 29, 2017, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646

19040-15-060/Atando Ave (draft 20170529)

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Atando Ave Brownfields Project Number: 19040-15-060

Pursuant to NCGS § 130A-310.34, Advantage Machinery Services, Inc., as Prospective
Developer, has filed with the North Carolina Department of Environmental Quality (“DEQ”) a Notice
of Intent to Redevelop a Brownfields Property (“Property”) in Charlotte, Mecklenburg County, North
Carolina. The Brownfields Property is approximately 3.971 acres and is one (1) parcel (Mecklenburg
County Parcel Identification Number “PIN” 08505412). Advantage Machinery Services, Inc. intends to
redevelop the Brownfields Property for office, industrial, warehousing, parking, retail, and subject to
DEQ’s prior written approval, other commercial uses. Groundwater and soil is contaminated at the
Brownfields Property due to past activities by historical operations on site and in the surrounding area.
The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and Advantage Machinery Services, Inc., 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 the Charlotte-
Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street, Charlotte, NC
28202, [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at [e-mail], or at (919)
707-8383.

Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: 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
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than Thursday, June 29, 2017, and will end on the
later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion
of the latest of the three (3) above-referenced dates. All public comments and public meeting requests
should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center Raleigh, North Carolina 27699-1646

19040-15-060/Atando Ave (draft 20170607)
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Property Owner: Advantage Machinery Services, Inc.
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Atando Ave Brownfields Project Number: 19040-15-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 201__ by Advantage Machinery Services, Inc. (“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 527 Atando Avenue in Charlotte, Mecklenburg County, North Carolina (Mecklenburg County Parcel Identification Number “PIN” 08505412). The Brownfields Property is one (1) parcel and is approximately 3.971 acres. Advantage Machinery Services, Inc. intends to redevelop the
Brownfields Property for office, industrial, warehousing, parking, retail, and subject to DEQ’s prior written
approval, other commercial uses. Groundwater and soil is contaminated at the Brownfields Property due to past
activities by historical operations on site and in the surrounding area.
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The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It 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, and is required by NCGS § 130A-310.32. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Property’s regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", 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 restrictions are hereby imposed on the Brownfields Property, and are as follows:
1. No use may be made of the Brownfields Property other than for office, industrial, warehousing, parking,
retail, and subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the
following definitions apply: a. Office defined as the provision of business or professional services.
b. Industrial defined as the assembly, fabrication, processing, warehousing or distribution of goods or
materials;
c. Warehousing defined as the use of a commercial building and/or exterior portions for storage of goods
by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a
particular type of industry or commercial activity.
d. Parking defined as the temporary accommodation of motor vehicles in an area designed for same;
e. Retail defined as the sale of goods or services, products, or merchandise directly to the consumer or
businesses and includes showrooms, personal service, and the sales of food and beverage products; and f. Commercial defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.

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2. The Brownfields Property may not be used for child care, adult care centers or schools without the prior
written approval of DEQ.

3. Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ.

4. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to
particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of
water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property 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 Land Use Restriction No.
1 above while fully protecting public health and the environment. Prior sampling and analysis of groundwater
to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards and
screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related
activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities 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 Land Use Restriction No. 1 above while fully protecting public health and the environment.

5. 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 Land Use Restriction No. 1 above while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24”;
b. mowing and pruning of above-ground vegetation;
c. 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;
d. in connection to work conducted in accordance with a DEQ-approved EMP document as outlined in
Land Use Restriction No. 8.
6. 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 (i) Land
Use Restriction No 5 or (ii) an approved EMP as outlined in Land Use Restriction No. 8.

7. No new building may be constructed on the Brownfields Property, (“new building” is defined as any building other than the existing buildings depicted on the plat component of the Notice), until:
a. the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or
soil contamination based on assessment data approved in writing by DEQ that the building’s users, public
health and the environment will be protected from risk from vapor intrusion related to said contamination; or
b. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report
that includes photographs and a description of the installation and performance of said measures. Any design
19040-15-060/Atando Ave (draft 20170607)
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specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of
installation and/or implementation of said measures. The design specifications shall include methodology(ies)
for demonstrating performance of said measures.
8. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by
DEQ, with an EMP approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to
each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health,
safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
a. soil and water management issues, including without limitation those resulting from contamination
identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in paragraph 7 and 8 or in Exhibit 2 of
Exhibit A; c. 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
d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated
during redevelopment;
9. 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:
a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed
above;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
d. 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
e. 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).
e. reporting requirement does not include activities associated with the on-site petroleum release being
addressed by DEQ UST Section and Integris Metals.

10. 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.
11. 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
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Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of
any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures related to the conveyance may be redacted to the extent said redactions comply with the
confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations of this 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 paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide
abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
12. 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: a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
b. in fluids in vehicles;
c. as constituents of products and materials customarily used and stored in office and retail
environments, provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; d. 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;

13. Beginning in the first January following the year in which the Notice is recorded, and every January after that unless and until DEQ determines in writing, after a minimum of three(3) sampling events, that protection of
public health and the environment no longer requires such sampling, the owner(s) of the Brownfields Property
shall effect sampling of monitoring wells MW-5 and MW-9 in accordance with the most current version of the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. The groundwater samples
collected during such activities shall be analyzed for volatile and semi-volatile organic compounds by Method 8260 and Method 8270 of the U.S. Environmental Protection Agency or any comparable method approved in
advance by DEQ. A Groundwater Monitoring Report setting forth the procedures and results of these
groundwater sampling activities shall be submitted with the Land Use Restrictions Update referenced below in
Land Use Restriction No. 15 in those years during which groundwater sampling is required.
14. 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 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.
15. During January of each year after the year in which the Notice is recorded, the owner of any part of the
Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update
(“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of
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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 Brownfields 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 [or each of the owners on whose behalf the joint LURU is submitted] transferred any part
of the Brownfields Property during the previous calendar year [for properties covered under a joint LURU, this
portion is not required];
c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 7
above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
d. whether all products containing hazardous substances used or stored at the Brownfields Property are
being managed in compliance with the plan required by Land Use Restriction No. 12 above.
e. the laboratory analytical results acquired from annual sampling in monitoring well MW-5 and MW-9
referenced in Land Use Restriction No. 13 above for a minimum of three years following execution of this Agreement, and/or until DEQ otherwise approved.
f. A joint LURU may be submitted for multiple owners by a duly constituted board or association and
shall include the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address
of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in paragraph 35.a. of Exhibit A hereto, at the address stated therein.

ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract,
lack of benefit to particular land, or lack of any property interest in particular 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 _______________, 201__.

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Advantage Machinery Services, Inc.

By: __________________________________________ Chad Eller
Vice President

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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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality

By: _________________________________________ ________________________ Michael E. Scott Date Director, Division of Waste Management

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Atando Ave/19040-15-060 DRAFT 201700607
EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Advantage Machinery Services, Inc.

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Atando Ave (former Vincent Metals) OF 1997, NCGS § 130A-310.30, et seq. ) 527 Atando Avenue Brownfields Project #19040-15-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Advantage Machinery Services, Inc.
(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 527 Atando Avenue (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.
Advantage Machinery Services, Inc. is a North Carolina Corporation formed on January
1, 1992. Its registered agent is Chad Eller and the office address is 1407 Highway 601 South,
Yadkinville, North Carolina 27055. The Brownfields Property that is the subject of this
Agreement is approximately 3.971 acres (Mecklenburg County Parcel Identification Number
“PIN” 08505412). Advantage Machinery Services, Inc. intends to redevelop the Brownfields
Property for office, industrial, warehousing, parking, retail, and subject to DEQ’s prior written
approval, other commercial uses. Groundwater and soil is contaminated at the Brownfields
Property due to past activities by historical operations. The surrounding area is industrial,
commercial, office, and residential.

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Atando Ave/19040-15-060 DRAFT 201700607
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 VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of Advantage Machinery Services, Inc. for contaminants at the Brownfields
Property.
The Parties agree that Advantage Machinery Services, Inc.’s entry into this Agreement,
and the actions undertaken by Advantage Machinery Services, Inc. in accordance with the
Agreement, do not constitute an admission of any liability by Advantage Machinery Services,
Inc. for contaminants at the Brownfields Property. The resolution of this potential liability, in
exchange for the benefit Advantage Machinery Services, Inc. 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 Advantage Machinery Services, Inc.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises 1 parcel totaling approximately 3.971 acres.
Prospective Developer has committed itself to redevelopment for no uses other than for office,

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Atando Ave/19040-15-060 DRAFT 201700607
industrial, warehousing, parking, retail, and subject to DEQ’s prior written approval, other
commercial uses.
4. The Brownfields Property is in an industrial area that is north of Uptown Charlotte.
Bordered to the north, south and east is land used for industrial uses including manufacturing and
warehousing. The former Dy-Dee Services laundry services is located to the north at 611
Atando Ave. Located to the west is the Norfolk Southern AT&O Railway, wooded land and
residential uses beyond.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Correspondence to NCDENR of tank removal Nationwide Tank &
Environmental Services, Inc.
March 19, 1990
Phase II Limited Site Assessment ERM NC, PC March 11, 2003
Phase I Environmental Site Assessment: ERM NC, PC December 2011
UST Response Letter between Gould Family
Properties and Ryerson, Inc.
Ryerson, Inc. January 15, 2013
Phase I Environmental Site Assessment Froehling & Robertson, Inc. May 15, 2013
Limited Phase II ESA Services Froehling & Robertson, Inc June 5, 2016
Limited Phase II Environmental Site Assessment
Report
HRP Associates November 1, 2013
Correspondence from NCDENR for Request for
information on Chemical Usage & Storage
NCDENR March 13, 2014
RCRA Inspection Report NCDENR April 9, 2014
Correspondence from NCDENR for Request for
information on Chemical Usage & Storage- Second Request
NCDENR August 12, 2014
Atando Ave Brownfields Soil & Groundwater Evaluation Terracon October 27, 2015
Limited Site Investigation Report Terracon December 18, 2015
Notice of Regulatory Requirements NC DEQ DWM February 11, 2016
Limited Site Investigation Report Terracon March 22, 2016
Limited Site Investigation Report Terracon September 19, 2016

6. For purposes of this Agreement, DEQ relies on the following representations by

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Prospective Developer and DWM files as to use and ownership of the Brownfields Property:
a. The Brownfields Property has been primarily used in the steel distribution
industry since 1949. Specifically, as a steel bar stock distributor. Large steel bars would be
received and then cut to customer order and shipped to the client as directed.
b. The Brownfields Property was undeveloped until 1949, when the
office/warehouse building was constructed. A few years later, two warehouse additions were
added. The current building consists of 104,757 square feet with a slab on grade foundation that
is heated by natural gas. The front and sides have asphalt parking areas while the back of the
building abuts the Norfolk Southern A&TO Railway line.
c. The building has been occupied by various businesses: Edgecomb Steel
Company, Vincent Brass & Aluminum Company, Vincent Metals, Sunbelt Turret Steel Inc.,
Precast Supply Company. Currently Sunbelt Street Company operates in a portion of the
building.
d. On July 1, 2003, Gould Family Properties II, LLC purchased the Brownfields
Property from Integris Metals, Inc. (a New York Corporation). In January 2005, Ryerson Tull
Inc. acquired Integris Metals Inc.
e. On February 26, 2016, the Prospective Developer purchased the Brownfields
Property from Gould Family Properties II, LLC
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property is in an urban and predominately industrialized area
of Charlotte. The background air samples on multiple events exceeded residential use screening

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levels for benzene, naphthalene, tetrachloroethylene, and trichloroethylene. Groundwater
impacts are likely co-mingled and off site sources are suspected. The Brownfields Property
currently has 11 monitoring wells.
b. In April 1990, two 6,000-gallon steel diesel underground storage tanks
(“USTs”) were removed from the Brownfields Property near the northwest boundary, toward the
western property line and between the building and adjacent former auto shop. During the
removal, soil contamination was found and approximately 231 tons of soil were removed. DEQ
UST section assigned this Incident Number 168392 and a No Further Action (“NFA”) was
issued on November 14, 1990.
c. In March 2003, two 6,000-gallon steel USTs were located under the concrete
slab in the southern warehouse. The USTs were listed as both heating oil and fuel oil on UST
reports. According to documentation the USTs had been out of service since 1981. Five
monitoring wells and 14 soils boring were installed to assess the area. In 2004, UST-1 was
removed, UST -2 was abandoned in place, approximately 416 tons of soil were excavated and an
aggressive fluid vapor recovery (“AFVR”) event was performed. However, free product has
been observed in monitoring well MW-1 at low levels including most recently in December
2015. DEQ UST Section assigned this Incident Number 27296 and intermediate risk
classification. In February 2016, DEQ UST Section, issued a Notice of Regulatory Requirements
to the Responsible Party, Ryerson & Son, Inc.
d. In December 2013, HRP Associations, Inc. on behalf of Gould Family
Properties, LLC the property owner, submitted a Site Notification Form to the DEQ Inactive
Hazardous Site Branch (“IHSB”). The site was assigned NONCD0001192 under the name

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“Atando Ave Solvent Contamination.” The Gould Family Properties LLC position is that the
chlorinated solvent groundwater impacts are from an off-site source and no chlorinated solvents
were used on the Brownfields Property. The monitoring well with the highest concentrations of
chlorinated solvents is on the northwest property line between DyDee Service and the
Brownfields Property in monitoring well MW-9. IHSB is still investigating the incident and
potential sources.
8. The most recent environmental sampling at the Brownfields Property reported
in the Environmental Reports occurred in August 2016. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. 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 owning and leasing the Brownfield’s Property, obtaining or commissioning the
Environmental Reports, preparing and submitting to DEQ a Brownfields Property Application
(“BPA”) dated June 4, 2015. On February 26, 2016, Prospective Developer purchased the
Brownfields Property.
10. 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-

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310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. 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.

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IV. BENEFIT TO COMMUNITY
12. 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 manufacturing jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional industrial and warehouse 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”).

V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX 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

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remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(“EMP”) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
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.
a. No use may be made of the Brownfields Property other than for office,
industrial, warehousing, parking, retail, and subject to DEQ’s prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. Office defined as the provision of business or professional services.
ii. Industrial defined as the assembly, fabrication, processing, warehousing
or distribution of goods or materials;
iii. Warehousing defined as the use of a commercial building and/or
exterior portions for storage of goods by manufacturers, importers, exporters, wholesalers,
transport businesses among others, and also refers to the storage of goods and materials for a
specific commercial establishment or a group of establishments in a particular type of industry or
commercial activity.
iv. Parking defined as the temporary accommodation of motor vehicles in
an area designed for same;
v. Retail defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, and the sales

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of food and beverage products; and
vi. Commercial defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Groundwater at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
d. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on the
Brownfields Property 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 15.a
above while fully protecting public health and the environment. Prior sampling and analysis of
groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and
submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized
for the Brownfields Property, the groundwater-related activities proposed may only occur in
compliance with any written conditions DEQ imposes. Activities may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for

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the uses specified in subparagraph 15.a above while fully protecting public health and the
environment.
e. 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 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
EMP document as outlined in subparagraph 15.h.
f. 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 (i) subparagraph 15.e or (ii) an approved EMP as outlined
in subparagraph 15.h.
g. No new building may be constructed on the Property, (“new building” is defined as
any building other than those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below), until:

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i. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
ii. vapor intrusion mitigation measures are installed and/or implemented to
the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
h. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
paragraph 7 and 8 above or in Exhibit 2;

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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 of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
i. 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
V: 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

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legally required manifests shall be included).
vi. reporting requirement does not include activities associated with the
on-site petroleum release being addressed by DEQ UST Section and Integris Metals.
j. 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.
k. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. The owner conveying an
interest may use the following mechanisms to comply with the obligations of this 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 paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of
said leases, to the persons listed in Section XV.
l. None of the contaminants known to be present in the environmental media at

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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. in fluids in vehicles;
iii. as constituents of products and materials customarily used and stored
in office and retail environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws;
iv. 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;
m. Beginning in the first January following the year in which the Notice of
Brownfields Property referenced below in paragraph 20 is recorded, and every January after that
unless and until DEQ determines in writing, after a minimum of three(3) sampling events, that
protection of public health and the environment no longer requires such sampling, the owner(s)
of the Brownfields Property shall effect sampling of monitoring wells MW-5 and MW-9 in
accordance with the most current version of the Guidelines of the Inactive Hazardous Sites
Branch of DEQ's Superfund Section. The groundwater samples collected during such activities
shall be analyzed for volatile and semi-volatile organic compounds by Method 8260 and Method
8270 of the U.S. Environmental Protection Agency or any comparable method approved in

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advance by DEQ. A Groundwater Monitoring Report setting forth the procedures and results of
these groundwater sampling activities shall be submitted with the Land Use Restrictions Update
referenced below in subparagraph 15.o.v in those years during which groundwater sampling is
required.
n. 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 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.
o. During January of each year after the year in which the Notice referenced
below in paragraph 21 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner [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 Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner [or each of the owners on whose

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behalf the joint LURU is submitted] transferred any part of the Brownfields Property during the
previous calendar year [for properties covered under a joint LURU, this portion is not required];
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. whether all products containing hazardous substances used or stored at
the Brownfields Property are being managed in compliance with the plan required by
subparagraph 15.l above.
v. the laboratory analytical results acquired from annual sampling in
monitoring well MW-5 and MW-9 referenced in subparagraph 15.m above for a minimum of
three years following execution of this Agreement, and/or until DEQ otherwise approved.
vi. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division

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of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. 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.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
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.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in

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Section V (Work to Be Performed) 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 of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures 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 XV (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 XV.

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22. 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.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
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 paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. 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 June 4, 2015, by which it applied for this
Agreement. That use is office, industrial, warehousing, parking, retail, and subject to DEQ’s
prior written approval, other commercial uses. Prospective Developer also certifies that to the

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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.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
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

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demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
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

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Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. 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.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 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.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX 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.
XI. PARTIES BOUND
30. 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

24
Atando Ave/19040-15-060 DRAFT 201700607
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. This Agreement in no way constitutes a finding by DEQ as to the risks to public
health and the environment which may be posed by regulated substances at the Brownfields
Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose,
nor a waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of
NCGS § 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. 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. To the extent DEQ

25
Atando Ave/19040-15-060 DRAFT 201700607
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.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail,, as follows:
a. for DEQ:
Carolyn Minnich (or successor in function) N.C. Division of Waste Management Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Chad Eller
Advantage Machinery Services, Inc.
PO Box 1848 Yadkinville, NC 27055 [e-mail]

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.

26
Atando Ave/19040-15-060 DRAFT 201700607
XVI. EFFECTIVE DATE
36. 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 N.C.G.S. § 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 invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. 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.

27
Atando Ave/19040-15-060 DRAFT 201700607
39. 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.
40. 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.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

28
Atando Ave/19040-15-060 DRAFT 201700607
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED: Advantage Machinery Services, Inc.

By:
____________________________________________________________________________
Chad Eller Date Vice President

Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
PH. [phone] terracon.com
2020 STARITA RD, SUITE E CHARLOTTE, NC
FIGURE
1
SITE LOCATION MAP
ATANDO AVENUE BROWNFIELDS SITE527 ATANDO AVE.CHARLOTTE, NC
71157718
CZ
CLC
03/14/2016
Project No.:
Drawn By:
Checked By:
Date:
N :\P r o j e c t s \2 0 1 5 \7 1 1 5 7 7 1 8 \F i g u r e s \M X D \I A R p t \1 _S i t e L o c .m x d
³
0 2,000 4,0001,000 Feet1 inch = 2,000 feet
Legend
Site
Site

19040-15-060/Atando Ave(DRAFT 20170308)

1
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports occurred
in August 2016. The following tables set forth, for contaminants present at the Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth
as cleanup levels for purposes of this Agreement.

GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for
which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202,
(April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Benzene MW-2 10/8/2015 58.2 1
Benzene MW-3 10/8/2015 1.6 1
Benzene MW-2 5/31/2013 57 1
Benzene MW-5 1/22/2003 3.6 1
cis-1,2-Dichloroethylene MW-5 1/22/2003 1,100
cis-1,2-Dichloroethylene MW-5 10/8/2015 1,000 70
cis-1,2-Dichloroethylene MW-9 8/27/2015 5,550 70
Methyl Chloride MW-6 10/16/2013 15 3
Naphthalene MW-2 10/8/2015 87.9 6
Naphthalene MW-2 5/31/2013 46 6
Tetrachloroethylene MW-5 1/22/2003 4900 0.7
Tetrachloroethylene MW-7 10/16/2013 1.3 0.7
Tetrachloroethylene MW-8 10/16/2013 236 0.7
Tetrachloroethylene MW-9 8/27/2015 4460 0.7
Tetrachloroethylene MW-10 8/27/2015 2.7 0.7
Tetrachloroethylene MW-5 10/8/2015 2790 0.7
Tetrachloroethylene MW-8 10/8/2015 163 0.7
Tetrachloroethylene DW-1 10/8/2015 148 0.7
Trichloroethylene MW-8 10/16/2013 34.9 3
Trichloroethylene MW-9 8/27/2015 2880 3
Trichloroethylene MW-10 8/27/2015 3.3 3
Trichloroethylene MW-5 1/22/2003 3000 3
Trichloroethylene MW-5 10/8/2015 1870 3
Trichloroethylene MW-8 10/8/2015 25.5 3
Trichloroethylene DW-1 10/8/2015 78.2 3
Vinyl Chloride MW-5 1/22/2003 120 0.03
Vinyl Chloride MW-9 8/27/2015 6.5 0.03
Vinyl Chloride MW-5 10/8/2015 41.3 0.03

19040-15-060/Atando Ave(DRAFT 20170308)

2

GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management October 2016 version):
Groundwater
Contaminant with
Potential for Vapor Intrusion

Sample Location Date of Sampling
Concentration Exceeding
Screening
Level (µg/L)
Residential VI Screening
Level1
(µg/L)
Tetrachloroethylene MW-9 8/27/2015 4460 48.4
Tetrachloroethylene MW-10 8/27/2015 2.7 48.4
Tetrachloroethylene MW-5 10/8/2015 2790 48.4
Tetrachloroethylene MW-8 10/8/2015 163 48.4
Tetrachloroethylene DW-1 10/8/2015 148 48.4
Trichloroethylene MW-9 8/27/2015 2880 4.35
Trichloroethylene MW-5 10/8/2015 1870 4.35
Trichloroethylene MW-8 10/8/2015 25.5 4.35
Trichloroethylene DW-1 10/8/2015 78.2 4.35
Vinyl Chloride MW-5 10/8/2015 41.3 24.5
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

19040-15-060/Atando Ave(DRAFT 20170308)

3
SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels
for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (October 2016 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Industrial
Screening Level1 (mg/kg)
Benzo(a)anthrancene SB03 5-7 8/26/2015 9.720 2.90
Benzo(a)pyrene SB01 5-7 8/26/2016 0.461 .29
Benzo(a)pyrene SB03 5-7 8/26/2015 8.83 0.29
Benzo(b)fluoranthene SB03 5-7 8/26/2015 13.3 2.9
Benzo(g,h,i)perylene SB03 5-7 8/26/2015 5.82 NE
Indeno(1,2,3-cd)pyrene SB03 5-7 8/26/2015 5.31 2.9
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NE – No established screening level

SUB-SLAB VAPOR

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from
Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (October 2016
version):
Soil Gas Contaminant

Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non-
Residential
Screening
Level1
(µg/m3)
Tetrachloroethylene SV-04 11/12/2015 4100 3500
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

19040-15-060/Atando Ave(DRAFT 20170308)

4
INDOOR AIR

Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from
Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (October 2016 version):
Indoor Air
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non-
Residential
Screening
Level1
(µg/m3)
Naphthalene IA-01 11/12/2015 0.61 0.361
Naphthalene IA-02 3/2/2016 0.63 0.361
Naphthalene IA-02 8/18/2016 1.5 0.361
Naphthalene IA-03 8/18/2016 0.47 0.361
Naphthalene IA-04 8/18/2016 0.64 0.361
Naphthalene OA-02 3/2/2016 .55 0.361
1Screening limits 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.
EXHIBIT C
LEGAL DESCRIPTION
LYING AND BEING in Charlotte, Mecklenburg County, North Carolina and being more particularly described
as follows:
BEGINNING at a set iron pin in the westerly margin of the 60' wide right-of-way of Atando Avenue, said pin
further being in the northeasterly corner of that certain property of Moss Trucking Company, Inc. pursuant to a
-----need- recorded- in-Book-3-91-1-- at Page-400-in-the-Mecklenburg-Gounty- Publie -RegistryHhence--from-said --
Beginning Point leaving the westerly right-of-way margin of Atando Avenue and with the northerly boundary of said
Moss Trucking Company, Inc. property (now or formerly) S 54-41-02 W 329.80 feet to a set iron pin in the
northwesterly corner of said Moss Trucking Company, Inc. property, said pin further being in the easterly
margin of the 100' wide right-of-way of the A.T.&O. Railroad; thence with the easterly margin of the A.T.&O.
Railroad right-of-way N 39-06-47 W 500.34 feet to a found iron pin in the intersection of the easterly margin of
said railroad right-of-way and inthe southwesterly corner of that certain property of Dydee Wash, Inc., pursuant
to a Deed recorded in Book 1876 at Page 58 in said Registry; thence leaving the easterly right-of-way margin of
said railroad and with the southerly boundary of said Dydee Wash, Inc. property (now or formerly) N 54-34-58
E 362.64 feet to a set nail in the westerly right-of-way margin of Atando Avenue, said nail further being in the
southeasterly corner of said Dydee Wash, Inc. property; thence with the westerly right-of-way margin of Atando
Avenue S 35-21-00 E 499.88 feet to a set iron pin, the BEGINNING POINT, said property containing 3.9707
acres, more or less, and being more particularly shown on that certain Boundary and Physical Survey of 527
Atando Avenue prepared by Robinson & Sawyer, Inc. dated May 13, 2004 and last revised on May 18, 2004.
TOGETHER WITH all right, title and interest of the Grantor the following additional property within the right-
of-way of Atando Avenue:
BEGINNING at a set iron pin the westerly margin of the 60' wide right-of-way of Atando Avenue, said pin
further being in the northeasterly corner of that certain property of Moss Trucking Company, Inc. pursuant to
that a deed recorded in Book 3711 at Page 400 in the Mecklenburg County Public Registry; thence with the
westerly right-of-way margin of Atando Avenue N 35-21-00 W 499.88 feet to a set nail in the southeasterly
comer of that certain property of Dydee Wash, Inc. pursuant to a Deed recorded in Book 1876 at Page 58 in
said Registry; thence within the right-of-way of Atando Avenue the following three (3) courses and distances:
(1) N 54-34-58 E 30.00 feet to a point, (2) S 35-21-00 E 499.94 feetto a point, and (3) S 54-41-02 W 30.00 feet
to a set iron pin, the BEGINNING POINT, said property containing 0.3443 acres, more or less, and being more
particularly shown on that certain Boundary and Physical Survey of 527 Atando Avenue prepared by Robinson
& Sawyer, Inc. dated May 13, 2004 and last revised on May 18, 2004.
BEING the same property legally described in that certain Special Warranty Deed recorded July 2, 2004 in
Book 17441 at Page 415 of the Mecklenburg County Public Registry.

Tax Parcel Number: 085-054-12 Recorded Plat: Map Book 5 at Page 327
Property Address: 527 Atando Avenue, Charlotte, North Carolina

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