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Home My WebLink About09012_A Great Escape_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: A Great Escape Project #: 09012-05-034 Address: 1806 Funtime Boulevard County: Forsyth 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 the following: Commercial Retail and Wholesale Trade such as Alcoholic Beverage Commission stores; arts and craft stores; building materials stores; convenience stores; food or drug stores; nursery, lawn and garden stores and restaurants; Commercial Business and Personal services including, but not limited to, banking and financial services, building contractors, car washes, kennels, medical and dental services, motor vehicle services, professional offices and storage services; Commercial Recreational uses including, but not limited to, golf, Indoor and Outdoor recreation and theaters; Institutional uses including, but not limited to, academic facilities, animal shelters, religious facilities, government offices, libraries, museums and art galleries, and neighborhood organization offices; and Transportation and Commercial Utility uses including, but not limited to, broadcast studios and parking facilities. For purposes of this Land Use Restriction: “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee; “Retail” refers to the sale of goods, products, or merchandise directly to the consumer; “Professional” refers to engineering, architectural, and surveying services; accounting, auditing, and bookkeeping services; public relations services; legal services; real estate services; the services of insurance agents, brokers, and carriers; the services of security and commodity brokers; and the services of bank holding companies; “Office” refers to a use or structure where professional or business services are conducted or rendered; “Indoor Recreation” refers to health or exercise clubs, racket sports, basketball, and other athletic and non-athletic games; “Outdoor Recreation” refers to tennis courts, ball fields, ball courts, skateboard courses, water slides, go-cart and motorcycle courses, batting cages, paintball fields, laser tag, miniature golf, bumper cars, fish ranches and any similar outdoor activities approved in advance in writing by Department of Environment and Natural Resources (“DEQ”); “Institutional” refers to public, non-profit or quasi-public uses, such as for religious facilities, libraries, schools, hospital- and government-owned or -operated buildings. The following definitions of types of Institutional use apply: Religious Institution: A church, temple, or synagogue, the principal purpose of which is religious worship. Health Institution: A hospital, clinic (not including veterinary), health maintenance organization, or similar use or building, not including a group home, which routinely provides for the care of, treatment of and testing for physical, emotional or mental injury, illness or disability, and for the overnight boarding of patients, either on a for-profit or not-for-profit basis. Schools: A use, whether privately or publicly owned, providing pre-school, elementary school, middle school, junior high school, high school, university, college or junior college education. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water 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: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without 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. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No later than seven (7) business days prior to any excavation of soil on the Brownfields Property that will measure fifty (50) cubic feet or more, reach any contents of the Brownfields Property’s former landfill, or leave soil exposed for three (3) or more days, DEQ shall be given advance written notice, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ requires to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, and would not likely pose an imminent threat to public health or the environment if exposed, DEQ may require as much soil as is reasonably necessary to be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing and pruning of above-ground vegetation, planting and removal of trees, shrubs and other landscaping features, and removal of surface trash. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the tables in paragraph (2) of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields 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 Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No part of the Brownfields Property may be used as a child care center or school, nor may any part of the Brownfields Property be used as a playground without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No construction may occur at the Brownfields Property, other than in connection with the “FAMILY ENTERTAINMENT CENTER” denominated on the plat component of the Notice, unless and until DEQ has issued written approval of plans for the construction. No construction plan shall be approved that does not set forth building footprint(s), details as to the construction procedures planned, and design elements planned to compensate for building on a closed landfill. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice remains recorded at the Forsyth County Register of Deeds office, and that the land use restrictions contained herein are being complied with. ☐ 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 Forsyth 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: _________________