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HomeMy WebLinkAbout21047_High Point Multi Stadium_PCPkg_20201015NOTICE OF INTENT TO REDEVELOP A BR WNFIELDS PROPERTY Brownfields Property Name: High Point Multi Stadium Brownfields Project Number: 21047-17-041 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 abandoned, idled, or underused properties at which expansion or redevelopment is hindered by actual or potential environmental contamination. One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI") that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification purposes as per NCGS § 130A-310.34(a). The NI shall 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 ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement, which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent ("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer") who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local governments having jurisdiction over the Brownfields Property. The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day after which all of the following public notice tasks have occurred: the date the required SNI 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 public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will start no sooner than October 22, 2020, and will end no sooner than the later of. 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. 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 High Point Multi Stadium/21047-17-041/150ct2020 I SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: High Point Multi Stadium Brownfields Project Number: 21047-17-041 Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A- 310.34, The City of High Point, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property (`Brownfields Property") located at 275, 285, 301 & 305 N. Elm Street; 209 & 235 Appling Way; and 218 N. Lindsay Street, High Point, Guilford County. The Brownfields Property, which contains approximately 11.22 acres and consists of multiple parcels, is the former site of residential uses and various commercial operations, including the High Point Enterprise print shop, a dry cleaner, a gasoline station, and automobile repair shops, and for a small portion of the site, the former Adams Millis textile mill. Environmental contamination exists at certain locations on the Brownfields Property in groundwater, soil, sub -slab vapor, soil gas, and indoor air. The City of High Point has committed itself to redevelop the Brownfields Property for no uses other than for a multi -purpose stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and The City of High Point, which in turn includes (a) a map showing the location of the Brownfields Property, (b) a description of the contaminants involved and their concentrations in the media of the Brownfields 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 online at the DEQ public record database, Laserfiche, by entering the project number 21047-17-041 into the search bar at the following web address: https://edocs.deq.nc.gov/\VasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment The "Act" requires a public comment period of at least 30 days. The first day of public comment is defined as the day after which all of the following public notice tasks have occurred: 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 public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will start no sooner than October 22, 2020, and will end no sooner than the later of. 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. 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 High Point Multi Stadium/21047-17-041/150,0020 Property Owner: The City of High Point & 275 North Elm Partners, LLC (275 N. Elm St. only) Recorded in Book , Page Associated plat recorded in Plat Book , Page NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: High Point Multi Stadium Brownfields Project Number: 21047-17-041 This documentary component of a Notice of Brownfields Property ("Notice"), as well as the plat component, have been filed this day of , 202_ by The City of High Point ("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 comprised of seven parcels (originally 25 parcels that were recombined) totaling about 11.22 acres, with the following addresses: 275, 285, 301 & 305 N. Elm Street; 209 & 235 Appling Way; and 218 N. Lindsay Street, High Point, Guilford County. The previous uses of the Brownfields Property ranges from residential to commercial, including the High Point Multi Stadium/21047-17-041/150ct2020 High Point Enterprise print shop, a dry cleaner, a gasoline station, and automobile repair shops, and for a small portion of the site, the former Adams Millis textile mill. Approximately seven acres of the Brownfields Property have been redeveloped into the High Point Multi Stadium with one parcel owned by 275 North Elm Partners, LLC, currently undergoing redevelopment as retail and office space (275 North Elm Street). Redevelopment of other parcels of the Brownfields Property may include residential or other commercial uses. As described in subparagraph 9.b. and paragraph 15 of Exhibit A hereto, certain portions of the Brownfields Property were subject to previous land use restrictions recorded in 2013 as part of a previous brownfields agreement (the Adams Millis Brownfields Agreement, Brownfields Project No. 15013-11-041, the "Adams Millis BFA"). The land use restrictions included below in this Notice supersede and replace the original land use restrictions from the Adams Millis BFA previously recorded for those overlapping portions of the Brownfields Property. The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. The Brownfields Agreement's Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Brownfields Property's regulated substances and contaminants. Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, 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 land use restrictions below have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: High Point Multi Stadium/21047-17-041/150c0020 2 a. No use may be made of the Brownfields Property other than for a multi -purpose stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Recreation" is defined as indoor and outdoor exercise -related, physically focused, or leisure -related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. ii. "Entertainment" is defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. iii. "High Density Residential" is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. iv. "Hotel" is defined as the provision of overnight lodging to paying customers, and to associated food services, banquet and event facilities gym, reservation, cleaning, utilities, parking and on -site hospitality, management and reception services. v. "Hospitality" is defined as commercial activities, services and facilities designed to promote and advance tourism, or for private and public use, including but not limited to, event centers, conferences, event planning, transportation, and associated lodging. vi. "Retail" is 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. vii. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages to patrons, including food halls. viii. Food and beverage processing" is defined as the methods used to transform raw ingredients into food or beverages for consumption, including the manufacture, sale and distribution of food and beverage products. ix. "Brewery facility" is defined as an establishment for the manufacture, sale and distribution of beverages or food products, including without limitation beer and ale, together with associated public roadways and related infrastructure. High Point Multi Stadium/21047-17-041/15Oct2020 3 x. "Office" is defined as the provision of business or professional services. xi. "Open space" is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. xii. "Public Park" is defined as any land owned by the public and open for use by the general public for active (including playgrounds) or passive recreational purposes or as a refuge for wildlife. xiii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. xiv. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, excluding the use of chlorinated solvents. b. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan ("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 8 above; 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 groundwater and contaminated soils excavated during redevelopment. c. The Brownfields Property may not be used for childcare, adult care centers or schools without the prior written approval of DEQ. d. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. e. 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 High Point Multi Stadium/21047-17-041/150ct2020 4 conducted in accordance with an approved EMP as outlined in subparagraph 15.b. above. f. 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 landscaping to depths not exceeding 24 inches; 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 as outlined in subparagraph 15.b. above. g. Unless compliance with this land use restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. h. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site -specific risk assessment approved in writing by DEQ; ii. 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 iii. vapor intrusion mitigation measures are designed, installed, and implemented in a manner that will fully protect public health 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, and High Point Multi Stadium/21047-17-041/15Oct2020 to DEQ. 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. i. 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. j. 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 Guilford 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 and other confidential information 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 may use the following mechanisms to comply with the obligations of this subparagraph: (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 subparagraph, 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. k. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 above 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. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.; or iii. as constituents of products and materials customarily used and stored in the following environments: multi -purpose stadium, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. 1. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery High Point Multi Stadium/21047-17-041/15Oct2020 6 wells, piezometers and other man-made points of groundwater access at the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. m. 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. n. During January of each year after the year in which the Notice referenced below in paragraph 20 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 Guilford County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register of Deeds office and that the land use restrictions are being complied with. 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 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 transferred any part of the Brownfields Property during the previous calendar year; iii. 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; iv. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.h.iii. 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; and v. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 21 and 22 of this agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated therein. High Point Multi Stadium/21047-17-041/15Oct2020 7 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 1202. In NORTH CAROLINA COUNTY The City of High Point Jay W. Wagner Mayor 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 (Official Seal) Notary's printed or typed name, Notary Public My commission expires: High Point Multi Stadium/21047-17-041/150ct2020 ACKNOWLEDGMENT OF PROPERTY OWNER As the current owner, or representative of said owner, of at least part of the Brownfields Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land use restrictions contained herein. an 275 North Elm Partners, LLC Brian M. Rogers Date 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 Seal) Official Signature of Notary Notary's printed or typed name, Notary Public My commission expires: 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 Ellen Lorscheider Date Deputy Director, Division of Waste Management High Point Multi Stadium/21047-17-041/150ct2020 9 EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: The City of High Point UNDER THE AUTHORITY OF THE BROWNFIELDS PROPERTY REUSE ACT OF 1997, NCGS § 130A-310.30, et sue. Brownfields Project No. 21047-17-041 I. INTRODUCTION BROWNFIELDS AGREEMENT re: High Point Multi Stadium 275, 285, 301, & 305 N. Elm Street 209 & 235 Appling Way, & 218 N. Lindsay Street High Point, Guilford County This Brownfields Agreement ("Agreement") is entered into by the North Carolina Department of Environmental Quality ("DEQ") and the City of High Point (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 275, 285, 301 & 305 N. Elm Street, 209 & 235 Appling Way, & 218 N. Lindsay Street (the `Brownfields Property"). Formerly, there were 25 separate parcels comprising the Brownfields Property. These 25 parcels have been combined into seven new parcels to facilitate redevelopment activities with the addresses assigned as noted above. Former and current parcel numbers and addresses are summarized in paragraph 3 below. A map showing the location of the Brownfields Property that is the subject of this Agreement is attached hereto as Exhibit 1. The Prospective Developer is the City of High Point, a municipality with its principal office located at 211 South Hamilton Street, Room 320, High Point, North Carolina, 27260. The City of High Point is governed by a Council -Manager form of government with the City Council being the Governing Body of the City. The City Council consists of the Mayor and eight 21047-17-041/ High Point Multi Stadium/ 150ct2020 council members. The City Manager is the Chief Executive Officer of the City. The Interim City Manager of High Point is Randy McCaslin and the Mayor is Jay W. Wagner. The Prospective Developer has committed to redevelop the Brownfields Property for no uses other than a multi- purpose stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses. 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 the City of High Point for contaminants at the Brownfields Property. The Parties agree that the City of High Point's entry into this Agreement, and the actions undertaken by the City of High Point in accordance with the Agreement, do not constitute an admission of any liability by the City of High Point for contaminants at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit the City of High Point 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 2 21047-17-041/ High Point Multi Stadium/ 150ct2020 Agreement, and which is depicted in Exhibit 1 to the Agreement. 2. "Prospective Developer" shall mean the City of High Point. III. STATEMENT OF FACTS 3. The Brownfields Property originally comprised 31 parcels in downtown High Point totaling 11.35 acres; however, the Prospective Developer requested the removal of six parcels (Parcel ID Nos. 186822, 186823, 186821, 186833, 186819, and 186820) on September 12, 2019, with 25 parcels remaining. a. Since the submittal of the Brownfields Property Application, the 25 remaining parcels have been combined and re -platted into seven parcels and associated "Redevelopment Areas," as denoted on the Brownfields Property Survey Plat provided as Exhibit B to the Notice of Brownfields Property, and as summarized in the table below: Redevelopment Area Former Address Former Parcel ID No. Former Acreage New Parcel Address New Parcel ID No. New Acreage] A 307 N. Elm St. 186810 0.12 305 N. Elm St. 186814 0.56 305 N. Elm St. 186814 0.47 B N/A N/A N/A 285 N. Elm St. 229500 0.17 C 201 Church Ave. 186835 0.57 275 N. Elm St. 186835 0.59 216 Pine St. E 2 186838' 0.71 D 210 Church Ave. 186812 1.44 301 N. Elm St. 186812 6.98 211 Gatewood Ave. 186807 0.33 215 Gatewood Ave. 186805 0.21 213 Gatewood Ave. 186806 0.21 207 Gatewood Ave. 186808 0.32 201 Church Ave. N 186835 0.57 206 Church Ave. NE 186811 0.21 303 Gatewood Ave. 186799 0.56 300 Church Ave. 186800 0.84 308 Pine St. 186813 0.16 217 Gatewood Ave. 186815 0.41 305 Church Ave. NE 186828 0.31 21047-17-041/ High Point Multi Stadium/150&2020 Redevelopment Area Former Address Former Parcel ID No. Former Acreage New Parcel Address New Parcel ID No. New Acreagel D 211 Pine St. E 186827 0.48 301 N. Elm St. 186812 6.98 215 Church Ave. N 186834 0.46 216 Pine St. 186838' 0.71 G 215 Church Ave. S 186834 0.46 235 Appling Way 186838 0.42 224 Pine St. 186838' 0.71 H 305 Church Ave. SW 186828 0.31 218 N. Lindsay St. 186830 1.42 211 Pine St. SW 186827 0.48 212 N. Lindsay St. W 186832 0.17 210 N. LindsaySt. W 186818 0.21 214 N. LindsaySt. 186817 0.17 216 N. Lindsay St. 186831 0.17 218 N. Lindsay St. 186830 0.26 307 Church Ave. 186829 0.25 1 212 N. Lindsay St. E 186832 0.17 209 Appling Way 186825 0.86 210 N. Lindsay St. E 186818 0.21 207 Pine St. 186825 0.27 209 Pine St. 186826 0.27 'New acreage for the new parcels obtained from the Guilford County GIS data viewer (gis.guilfordcountync.gov) and total 11 acres; an additional 0.22 acres of the street named Appling Way is also included in the Brownfields Property for a total of 11.22 acres. 2NE-Northeast, E-East, N-north, S-south, SW -southwest, W-west, and NW -northwest 'Portions of tax parcel 186838 were subject to a prior Brownfields Agreement referred to as the Adams Millis Brownfields Agreement b. Portions of Redevelopment Areas "C," "D," and "G" are subject to a prior Brownfields Agreement (Brownfields Project No. 15013-11-041), which was recorded on June 24, 2013 (Guilford County Register of Deeds, Book 7499, Page 1206) (the "Adam Millis Brownfields Agreement"). The Adam Millis Brownfields Agreement covers two parcels: the parcel formerly identified as tax parcel 0186838 (portions of which are now in included in Redevelopment Areas "C", "D" and "G") and the parcel identified as tax parcel 0186837. This Agreement supersedes the Adams Millis Brownfields Agreement only as to those portions of Redevelopment Areas "C", "D", and "G" that were previously identified as tax parcel 0186838 2 21047-17-041/ High Point Multi Stadium/150&2020 and subject to the land use restrictions in the Adams Millis Brownfields Agreement, and replaces those land use restrictions with those provided below in paragraph 15. It is the intent of DEQ and the Prospective Developer that the execution and recordation of this Agreement between DEQ and Prospective Developer shall not in any way impact any other person's existing liability protection under the Act and the previously entered Adams Millis Brownfields Agreement. Specifically, this Agreement shall not alter the existing liability protection of any applicable person included in Section 130A-310.33 of the Act as provided by the respective agreement attached as Exhibit A to the Adams -Millis Notice of Brownfields Property that was originally recorded on June 24, 2013 at the Guilford County Registry of Deeds (Book 7499, Page 1206). 4. The Brownfields Property is bordered to the north by Gatewood Avenue and medical offices beyond; to the east by North Elm Street with attorney offices, First Baptist Youth Ministries, and additional commercial properties beyond; to the south by the former Adams - Millis Textile plant with West English Road, Union Square, former Quality Dry Cleaners, and a vacant lot beyond; and to the west by Lindsay Street with Isom's Auto Repair, Kingdom Building Church International, Lindsay Square office park, and attorney offices 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 Phase I All Appropriate Inquiry (AAI) Civil & Environmental December 10, 2009 Environmental Site Assessment Consultants, Inc. Phase I Environmental Site Assessment ECS Carolinas, LLP February 12, 2016 High Point Enterprise, 210 Church Avenue Phase II Environmental Site Assessment ECS Carolinas, LLP July 15, 2016 Report, High Point Enterprise Sub -Slab Soil Gas and Radon Assessment ECS Carolinas, LLP November 1, 2016 Report, High Point Enterprise 5 21047-17-041/ High Point Multi Stadium/150&2020 Title Prepared by Date of Report Transaction Screen Process, 210 and 212 ECS Southeast, LLP September 1, 2017 N. Lindsay St. Phase I Environmental Site Assessment Former Church Avenue Office Building ECS Southeast, LLP September 8, 2017 206 Church Avenue Phase I Environmental Site Assessment ECS Southeast, LLP September 19, 2017 Club Cu, 300 and 305 Church Avenue Phase I Environmental Site Assessment Piedmont Electric Repair Company, 207, 209, and 211 Pine Street, 208 N. Lindsay ECS Southeast, LLP September 27, 2017 Street, and 500, 504, and 508 W. English Street Phase I Environmental Site Assessment, United Way of High Point, 201 Church ECS Southeast, LLP September 29, 2017 Avenue and 216 Pine Street Phase I Environmental Site Assessment, ECS Southeast, LLP November 28, 2017 303 Gatewood Avenue Phase I Environmental Site Assessment, ECS Southeast, LLP November 28, 2017 215 Church Avenue UST Closure Report, 215 Church Avenue ECS Southeast, LLP March 12, 2018 UST Closure Report, 206 Church Avenue ECS Southeast, LLP March 26, 2018 Hydraulic Lift/UST Closure Report, 300 ECS Southeast, LLP March 27, 2018 Church Avenue Soil and Groundwater Sampling Report, ECS Southeast, LLP September 28, 2018 High Point Multi Stadium Indoor Air and Soil Gas Sampling Report, High Point Multi Stadium — Ticket ECS Southeast, LLP June 11, 2019 Building Indoor Air and Soil Gas Sampling Report, ECS Southeast, LLP June 11, 2019 High Point Multi Stadium Environmental Services Report, High Point Multi Stadium — Phase II ECS Southeast, LLP September 12, 2019 Development Parcels Indoor Air and Sub -Slab Soil Gas, Confirmation Sampling Report, High Point ECS Southeast, LLP September 19, 2019 Multi Stadium 6. For purposes of this Agreement, DEQ relies on the following representations by Prospective Developer as to use and ownership of the Brownfields Property: 21047-17-041/ High Point Multi Stadium/ 150ct2020 a. The Brownfields Property historically was occupied by residential structures (1906-present), medical offices, the High Point Enterprise print shop (from 1969 to about 2009), a former dry cleaner (1902-1960s), a former gasoline station (1950-1965) portions of the Adams Millis textile mill (1950-2005), storage, and automotive repair shops (1969-2013). Parcels were developed as early as 1890 and have been redeveloped with a variety of commercial uses over several decades. b. The City of High Point purchased the parcels included in the Brownfields Property from, among others, Gatewood Avenue, LLC (purchased from Jones Virginia Jane Davenport and Davenport Family Trust in 2003); Cheek & Wilson; DJ Worldwide, LLC (purchased from The Highpoint Enterprise in 2017 — formerly owned by the High Point Bank & Trust Co in 1987); Bruce and Sonja Mackenzie (purchased from individuals in 2003); and GLENACO, Inc. (purchased from individuals in 1982) between June 2017 and February 2018. c. Approximately seven acres of the Brownfields Property have been redeveloped into the High Point Multi Stadium. Due to the presence of chlorinated solvent contamination of the groundwater (discussed further below), an active vapor intrusion mitigation system (VIMS) was installed during the construction of the multi -use stadium and a passive VIMS was installed during the construction of the ticket booth fronting Elm Street. Construction of the multi -stadium was completed in April 2019 and opened on May 1, 2019 for its inaugural season. d. On November 8, 2019, the City of High Point sold Redevelopment Area "C" (Parcel 186835) to 275 North Elm Partners, LLC ("North Elm Partners"). Pursuant to a DEQ- approved Environmental Management Plan (EMP) that is a requirement of this Agreement, North Elm Partners began construction of approximately 18,000 square feet of retail space and 7 21047-17-041/ High Point Multi Stadium/ 150ct2020 approximately 33,500 square feet of office space. DEQ determined that vapor mitigation measures were not required for the buildings in Redevelopment Area "C" based on available data collected through the Fall of 2019. 7. Pertinent environmental information regarding the Brownfields Property and surrounding area includes the following: a. Chlorinated solvent contamination, primarily trichloroethylene (TCE), has been documented in groundwater below the northern parcels of the Brownfields Property, which have been redeveloped as the High Point Multi Stadium. The contaminants likely originated from the former High Point Enterprise printing facility (formerly 210 Church Avenue). Based on the results of 2016 and 2017 groundwater assessments, TCE was identified in groundwater below the proposed stadium site at concentrations exceeding North Carolina 2L groundwater standards and the DWM's 2018 both Residential and Non -Residential Vapor Intrusion Screening Levels (VISLs). Sub -slab soil gas samples were collected within the footprint of the proposed multi -stadium development following the groundwater assessment. Analysis of soil gas data indicated the presence of TCE in one sample (SSG-07) at a concentration exceeding both its Residential and Non -Residential VISLs. An active vapor intrusion mitigation system (VIMS) was installed throughout the stadium building, and a passive VIMS was installed in the ticket booth near the former intersection of N. Elm Street and Church Avenue. b. Environmental assessment was conducted on a northern adjacent parcel. The assessment identified an open sump in a sub -grade portion of a building to the north that was impacted by TCE. The open sump was addressed by the property owner. Indoor air testing results did not identify unacceptable vapor intrusion conditions for non-residential uses. 21047-17-041/ High Point Multi Stadium/150&2020 c. Former Parcel 186811, formerly assigned address 206 Church Avenue, has been developed since at least 1932 with a residential structure that was later converted into a medical office. A 500-gallon heating oil underground storage tank (UST) was removed from the site on February 22, 2018. d. Former Parcel 186800, formerly assigned address 300 Church Avenue, was developed with single-family residences from at least 1906 until 1969. In 1969, a commercial structure utilized for automotive maintenance and repair was constructed on this parcel. Six underground hydraulic lifts were installed and formerly operated at the site. The six hydraulic lifts were removed from this parcel on February 28, 2018. In addition, one 1,000-gallon heating oil UST was discovered at the site on March 6, 2018 during the demolition of the building. Confirmation soil samples collected from the excavations of the six hydraulic lifts and the one heating oil tank did not exhibit contaminant concentrations exceeding Residential and/or Industrial Preliminary Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. 8. The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on August 16, 2019. The tables set forth in Exhibit 2 to this Agreement present the contaminants present at the Brownfields Property at concentrations above their 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 obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a Brownfields Property Application (BPA) dated September 19, 2017, and 0 21047-17-041/ High Point Multi Stadium/150&2020 the following: a. Between June 13, 2017 and February 27, 2018, Prospective Developer purchased the parcels comprising the Brownfields Property. b. Following submission of the BPA, Prospective Developer demolished various structures and buildings and closed certain public streets on the Brownfields Property to facilitate construction of the High Point Multi Stadium. Demolition and construction activities were conducted in accordance with a DEQ-approved Environmental Management Plan that is a requirement of this Agreement. c. On May 1, 2019, the High Point Rockers minor league baseball team hosted their grand opening for their inaugural season. d. On November 8, 2019, Prospective Developer sold Redevelopment Area C, recombined Parcel No. 186835, to 275 North Elm Partners, LLC for redevelopment for nonresidential purposes. 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- 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 10 21047-17-041/ High Point Multi Stadium/ 150ct2020 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. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer has paid suffices 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. 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 approximately 1,500 construction jobs and 480 permanent jobs; 11 21047-17-041/ High Point Multi Stadium/150&2020 d. an increase in tax revenue for affected jurisdictions; e. additional multi -purpose stadium, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses; and f. "smart growth" through use of land in an already developed area, which avoids development of land beyond the urban fringe ("greenfields"). 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 the vapor intrusion mitigation required by subparagraph 15.h., below, and 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 12 21047-17-041/ High Point Multi Stadium/150&2020 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. As referenced in paragraph 3 above, portions of Redevelopment Areas "C", "D", and "G" are subject to previous land use restrictions recorded in 2013 as part of a previous brownfield agreement (the Adams Millis Brownfields Agreement, Brownfields Project No. 15013-11-041). The land use restrictions placed herein supersede and replace the original land use restrictions recorded for those portions of Redevelopment Areas "C", "D", and "G" with those set forth in this paragraph. 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 a multi- purpose stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Recreation" is defined as indoor and outdoor exercise -related, physically focused, or leisure -related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. ii. `Entertainment" is defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. 13 21047-17-041/ High Point Multi Stadium/150&2020 iii. "High Density Residential" is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. iv. "Hotel" is defined as the provision of overnight lodging to paying customers, and to associated food services, banquet and event facilities gym, reservation, cleaning, utilities, parking and on -site hospitality, management and reception services. v. "Hospitality" is defined as commercial activities, services and facilities designed to promote and advance tourism, or for private and public use, including but not limited to, event centers, conferences, event planning, transportation, and associated lodging. vi. "Retail" is 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. vii. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages to patrons, including food halls. viii. Food and beverage processing" is defined as the methods used to transform raw ingredients into food or beverages for consumption, including the manufacture, sale and distribution of food and beverage products. ix. "Brewery facility" is defined as an establishment for the manufacture, sale and distribution of beverages or food products, including without limitation beer and ale, 14 21047-17-041/ High Point Multi Stadium/15O&2020 together with associated public roadways and related infrastructure. x. "Office" is defined as the provision of business or professional services. xi. "Open space" is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. xii. "Public Park" is defined as any land owned by the public and open for use by the general public for active (including playgrounds) or passive recreational purposes or as a refuge for wildlife. xiii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. xiv. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, excluding the use of chlorinated solvents. b. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan ("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 15 21047-17-041/ High Point Multi Stadium/ 150ct2020 resulting from contamination identified in the Environmental Reports; paragraph 8 above; ii. issues related to potential sources of contamination referenced in 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 groundwater and contaminated soils excavated during redevelopment. c. The Brownfields Property may not be used for childcare, adult care centers or schools without the prior written approval of DEQ. d. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. e. 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 an approved EMP as outlined in subparagraph 15.b. above. £ 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 landscaping to depths not exceeding 24 inches; 16 21047-17-041/ High Point Multi Stadium/15O&2020 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 as outlined in subparagraph 15.b. above. g. Unless compliance with this land use restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. h. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site - specific risk assessment approved in writing by DEQ; ii. the building is or would be sufficiently distant from the Brownfields 17 21047-17-041/ High Point Multi Stadium/150&2020 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 iii. vapor intrusion mitigation measures are designed, installed, and implemented in a manner that will fully protect public health 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, and to DEQ. 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. i. 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. j. 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 Guilford County land records, Book , Page .95A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions 21047-17-041/ High Point Multi Stadium/15O&2020 comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this subparagraph: (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 subparagraph, 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. k. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 above 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. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.; or iii. as constituents of products and materials customarily used and stored in the following environments: multi -purpose stadium, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. 19 21047-17-041/ High Point Multi Stadium/15O&2020 1. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. in. 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. n. During January of each year after the year in which the Notice referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Guilford County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register of Deeds office and that the land use restrictions are being complied with. 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 acquired any part of the Brownfields Property during the previous calendar 20 21047-17-041/ High Point Multi Stadium/150&2020 year; ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year; iii. 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; iv. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.h.iii. 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; and v. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 21 and 22 of this agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. 16. The desired result of the above -referenced remediation and land use restrictions are 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 21 21047-17-041/ High Point Multi Stadium/15O&2020 Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division 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.i. 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. 22 21047-17-041/ High Point Multi Stadium/150&2020 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 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 Guilford 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 Guilford 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 and other confidential information 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 23 21047-17-041/ High Point Multi Stadium/ 150ct2020 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. 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 subparagraph 35.a. below of any such required notification. VIIL 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 those specified in this 24 21047-17-041/ High Point Multi Stadium/ 150ct2020 Agreement. That use is for a multi -purpose stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery, office, open space including a public park, and associated parking uses, and with prior written DEQ approval, other commercial uses. Prospective Developer also certifies that to the 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 25 21047-17-041/ High Point Multi Stadium/150&2020 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 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. 26 21047-17-041/ High Point Multi Stadium/15O&2020 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 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 27 21047-17-041/ High Point Multi Stadium/150&2020 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 Parry's signatory to this Agreement represents that she or he is fully authorized to enter into the terms and conditions of this Agreement and to legally bind the Party for whom she or he signs. XII. DISCLAIMER 31. Prospective Developer and DEQ agree that this Agreement meets the requirements of the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2). However, 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)(l)-(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 21047-17-041/ High Point Multi Stadium/150&2020 subsidiaries relating to storage, generation, use, disposal and management of regulated substances at the Brownfields Property, including without limitation all 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. By entering into this Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or inspect said documents, Prospective Developer shall provide DEQ with a log of documents withheld from DEQ, including a specific description of the document(s) and the alleged legal basis upon which they are being withheld. To the extent DEQ 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. XV. NOTICES AND SUBMISSIONS 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 29 21047-17-041/ High Point Multi Stadium/150&2020 sent by prepaid first-class U.S. mail, as follows: a. for DEQ: Brownfields Property Management Unit (or successor in function) N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer: Mayor Jay W. Wagner (or successor in function) City of High Point 211 South Hamilton Street Room 320 High Point, NC 27260 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. 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 affect 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. 30 21047-17-041/ High Point Multi Stadium/150&2020 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. 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 31 21047-17-041/ High Point Multi Stadium/150&2020 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. IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: Ellen Lorscheider Date Deputy Director, Division of Waste Management IT IS SO AGREED: CITY OF HIGH POINT By: Mayor Jay W. Wagner: Mayor Date 32 21047-17-041/ High Point Multi Stadium/ 150ct2020 EXHIBIT 1 i 1, lln. .tires: •� - - 8Bi •'�! - ��'_. I".W �r��`��•sa � `.. Viz. ��.,� `' - - - - H` r,ZJ f •L p ��r SITEy < sco Fii nr[it i� • -+�: _ _ `•� .... ,.j .: •., i F't it : _ f rk Wasjhin - - — , . �;,;, ,� � -.. - - {--_ ' }-... •i Terra a t n t�nk.e:r f t4: Par E nCrynoncl G.2r. t . -- HIGH Q T" W ka VJi�liam' i rr 1, • t - avr 7erC•rr. riHigh • n:sO�D' S9r/Cr i hi •.r �.� .I tom. K!.'1: T w wf s �vpn�, P�-. rsrrlr _ �S•. - . r . Gr 16 t 93 i ti41 Pi IL s J'' •I _ �, i f f. rart0M •aYf f IL. L "� I• I, .. _{ �'. Ii-��• 'R ��.CY t�•�_'ll r�,�. P 40 es"s ► AYE L ,-�.: '�-•�� : � �' IP 1 dl ■' x J " . - o>.j _ " 1 r��' — APPROXIMATE SITE BOUNDARY SOURCE: FIGURE 1 SITE LOCATION MAP USGS TOPOGRAPHIC MAP s HIGH POINT POINT WEST AND HIGH POINT EAST, HIGH POINT MULTI STADIUM NORTH CAROLINA QUADRANGLES, DATED ��� GATEWOOD AVENUE, CHURCH AVENUE, 1969 AND REVISED 1987 �, \ AND PINE STREET HIGH POINT, GUILFORD COUNTY, NC = 2,000' ECS PROJECT NO. 49-5318-A TM Exhibit 2 Brownfields Property Name: High Point Multi Stadium Brownfields Project Number: 21047-17-041 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on August 16, 2019. The following tables set forth, for contaminants present at the Brownfields Property above applicable standards or screening levels, the concentration found at each sample location and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as cleanup levels for the 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS), (April 1, 2013 version): Groundwater Contaminant Sample Location Date of Sampling Concentration Exceeding Standard /L Standard (µg/L) Arsenic TW-1 11/28/2017 61 10 TW-3 11/28/2017 50 TW-5 11/28/2017 41 TW-6 11/28/2017 46 TW-8 11/28/2017 20 TW-9 11/28/2017 19 TW-11 11/28/2017 21 TW-12 11/28/2017 64 Barium MW-4 5/11/2016 1,700 700 TW-1 11/28/2017 7,600 TW-3 11/28/2017 2,400 TW-4 11/28/2017 710 TW-5 11/28/2017 4,800 TW-6 11/28/2017 13,000 TW-8 11/28/2017 7,300 TW-9 11/28/2017 1,600 TW-11 11/28/2017 4,200 TW-12 11/28/2017 4,700 TW-15 11/28/2017 1,100 n-But lbenzene TW-12 11/28/2017 130 RL 70 sec-Bu lbenzene TW-12 11/28/2017 81 RL 70 High Point Multi Stadium/21047-17-041/150c0020 Groundwater Contaminant Sample Location Date of Sampling Concentration Exceeding Standard /L Standard (µg/L) Chromium GW-1 8/15/2019 25.7 10 GW-2 8/15/2019 32.9 MW-2 5/11/2016 95 MW-3 5/11/2016 260 MW-4 5/11/2016 160 MW-5 5/11/2016 62 MW-5D 5/11/2016 10 TW-1 11/28/2017 850 TW-3 11/28/2017 1,500 TW-4 11/28/2017 280 TW-5 11/28/2017 1,600 TW-6 11/28/2017 680 TW-7 11/28/2017 220 TW-8 11/28/2017 480 TW-9 11/28/2017 3,800 TW-10 11/28/2017 52 TW-11 11/28/2017 1,300 TW-12 11/28/2017 1,700 TW-13 11/28/2017 42 TW-14 11/28/2017 140 TW-15 11/28/2017 240 Cumene TW-12 11/28/2017 270 RL 70 1,2-Dichloroethane TW-11 11/28/2017 0.83 0.4 Cis-1,2- Dichloroethylene MW-3 5/11/2016 82 70 TW-6 11/28/2017 330 4-Iso ro ltoluene TW-12 11/28/2017 110 RL 25 Lead MW-4 5/11/2016 15 15 TW-1 11/28/2017 160 TW-3 11/28/2017 56 TW-5 11/28/2017 660 TW-6 11/28/2017 200 TW-8 11/28/2017 82 TW-9 11/28/2017 55 TW-11 11/28/2017 150 TW-12 11/28/2017 480 Mercury TW-1 11/28/2017 1.3 1 1-Meth lna hthalene TW-12 11/28/2017 35 1 2-Meth lna hthalene TW-12 11/28/2017 74 30 Naphthalene TW-12 11/28/2017 580 RL 6 n-Pro lbenzene TW-12 11/28/2017 410 RL 70 High Point Multi Stadium/21047-17-041/15Oc0020 Groundwater Contaminant Sample Location Date of Sampling Concentration Exceeding Standard /L Standard (µg/L) Tetrachloroethylene MW-3 5/11/2016 1.6 0.7 TW-11 11/28/2017 4.3 TW-12 11/28/2017 0.82 Trichloroethylene MW-2 5/11/2016 9.9 3 MW-3 5/11/2016 840 TW-5 11/28/2017 19 TW-6 11/28/2017 1,400 TW-7 11/28/2017 33 TW-11 11/28/2017 8.3 TW-16 12/5/2017 280 Vinyl Chloride MW-3 5/11/2016 3.1 0.03 TW-6 11/28/2017 13 TW-7 11/28/2017 1.4 RL = Increased reporting limit because of the sample matrix High Point Multi Stadium/21047-17-041/15Oc0020 GROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/L) Residential VI Screening Level' (pg/L n-But lbenzene TW-12 11/28/2017 130 RL NS sec-Bu lbenzene TW-12 11/28/2017 81 RL NS tert-Bu lbenzene TW-12 11/28/2017 11 RL NS cis-1,2- Dichloroethylene MW-3 5/11/2016 82 NS TW-6 11/28/2017 330 TW-7 11/28/2017 12 TW-13 11/28/2017 0.7 trans-1,2- Dichloroethylene MW-3 5/11/2016 7.2 NS TW-6 11/28/2017 15 TW-7 11/28/2017 0.87 Eth lbenzene TW-12 11/28/2017 280 35 Iso ro lbenzene TW-12 11/28/2017 270 RL 180 4-Iso ro ltoluene TW-12 11/28/2017 110 RL NS Mercury TW-1 11/28/2017 1.3 0.18 1-Meth lna hthalene TW-12 11/28/2017 35 NS 2-Meth lna hthalene TW-12 11/28/2017 74 NS Naphthalene TW-12 11/28/2017 580 RL 35 Trichloroethylene MW-2 5/11/2016 9.9 1 MW-3 5/11/2016 840 TW-5 11/28/2017 19 TW-6 11/28/2017 1,400 TW-7 11/28/2017 33 TW-11 11/28/2017 8.3 TW-12 11/28/2017 2.4 TW-13 11/28/2017 1.1 TW-16 12/5/2017 280 1,2,4- Trimeth lbenzene TW-12 11/28/2017 67 50 Vinyl Chloride MW-3 5/11/2016 3.1 1.5 TW-6 11/28/2017 13 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. 2 NS — No screening level established. RL — Increased RL because of the sample matrix Bold — Concentration also exceeds Non -Residential Screening Level 4 High Point Multi Stadium/21047-17-041/150ct2020 SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential Health -Based Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (December 2019 version): Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (m /k Residential Screening Level (mg/kg) Arsenic GP-V 3 11/22/2017 1.30 0.68 GP-2 3 11/22/2017 1.50 GP-3 5 11/22/2017 4.60 GP-4 5 11/22/2017 9.10 GP-5 6 11/22/2017 1.40 GP-6 4 11/22/2017 2.90 GP-7 4 11/22/2017 3.00 GP-8 3 11/22/2017 1.50 GP-10 3 11/22/2017 1.30 GP-11 4 11/22/2017 1.70 GP-12 3 11/22/2017 0.77 GP-13 5 11/22/2017 1.60 GP-14 5 11/22/2017 1.50 GP-15 5 11/22/2017 2.70 GP-8 2019 a 0-2 8/14/2019 5.4 SW-2 3-4 2/22/2018 3.7 SW-3 3-4 2/22/2018 3.2 SW-4 3-4 2/22/2018 1.3 Base 4-5 2/22/2018 1.5 Benzo(a)pyrene GP-4 10 5/5/2016 0.29J 0.11 GP-5 10 5/5/2016 0.191 GP-6 10 5/5/2016 0.15J Benzo(g,h,i)perylene GP-4 10 5/5/2016 0.181 NS GP-5 10 5/5/2016 0.15J GP-6 10 5/5/2016 0.11J 4-Iso ro ltoluene GP-12 3 11/22/2017 0.9 NS Naphthalene GP-12 3 11/22/2017 6.3 4.1 SW-1 4-5 1/31/2018 4.32 B-1 (Base) 5-6 1/31/2018 7.64 Phenanthrene GP-4 10 5/5/2016 0.49 NS GP-5 10 5/5/2016 0.32J 5 High Point Multi Stadium/21047-17-041/150ct2020 Concentration Soil Sample Depth Date of Exceeding Residential Contaminant Location (ft) Sampling Screening Screening Level Level m /k (mg/kg) GP-6 10 5/5/2016 0.95 Phenanthrene NS GP-7 10 5/5/2016 0.20J 'There are three distinct soil sample datasets identified as a GP -series, one in 2016, one in 2017, and one in 2019. Similarly, there are more than one soil sample datasets identified as a SW -series in 2018 based on the removal of different USTs across the Brownfields Property. ZSoil samples GP-1, GP-2, GP-9, GP-12, and Dup-3 collected in 2019 were reported as non -detects for arsenic; however, reporting limits were elevated above the industrial PSRG of 3.0 mg/kg. NS — No screening level established 6 High Point Multi Stadium/21047-17-041/15Oct2020 SOTL GASs Soil gas contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level /m3 Residential Screening Level' /m3 Benzene SG-3 8/16/2019 490 120 Dichlorotetrafluoroethane SG-5 8/16/2019 93 NS Eth lbenzene SG-3 8/16/2019 710 370 4-Ethyltoluene SG-2 8/16/2019 25 NS SG-3 8/16/2019 200 SG-4 8/16/2019 38 Trichlorofluoromethane Du-2 8/16/2019 7.5 NS SG-5 8/16/2019 6.9 SG-1 8/16/2019 49,000 '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. NS - Screening level not established for this compound 7 High Point Multi Stadium/21047-17-041/15Oc0020 SUB -SLAB VAPOR — PRE -CONSTRUCTION Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Sub -Slab Vapor Concentration Residential Contaminant Sample Date of Exceeding Screening Location Sampling Screening Limit' Level /m3 /m3 Trichloroeth lene2 SSG-07 9/15/2016 230 14 '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. 2All other sample results for this dataset that were collected prior to the construction of the stadium, samples SSG-01 through SSG-10, were reported as non -detects; however, reporting limits were quite elevated in the range of 100 to 1,000 µg/m3, exceeding established DWM VISLs for the volatile organic compounds reported. Bold — Concentration also exceeds Non -Residential Screening Level 8 High Point Multi Stadium/21047-17-041/150ct2020 SUB -SLAB VAPOR — POST -CONSTRUCTION STADIUM & TICKET BUILDING Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Sub -Slab Vapor Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/m3) Non - Residential Screening Limit /m' 1,3-Dichlorobenzene MP-1 4/5/2019 7.3 NS MP-2 4/5/2019 11.6 MP-3 4/5/2019 11.7 MP-4 4/5/2019 7.8 MP-8 4/11/2019 5.0 MP-10 7/ 16/2019 3.6 MP-11/Du -3 7/16/2019 4.7/4.9 MP-13 4/5/2019 6.2 MP-16 4/5/2019 16.3 MP-17 4/5/2019 13.1 MP-18 4/5/2019 7.0 MP-19 4/5/2019 7.5 Du -lA 4/5/2019 8.6 Du -3A 4/5/2019 7.0 Dichlorotetrafluoroethane MP-8 4/11/2019 39.0 NS MP-12 4/11/2019 3.6 MP-14 7/17/2019 12.9 MP-15 4/11/2019 2.4 MP-16 7/17/2019 4 MP-18 4/5/2019 3.9 Du -2A 4/11/2019 3.2 4-Ethyltoluene MP-7 4/5/2019 20.6 NS MP-12/Du -4 7/17/2019 5.4 MP-5/MP-23 7/17/2019 6.3 Trichlorofluoromethane MP-8 4/11/2019 4.0 NS MP-12/Du -4 7/17/2019 3.4/5.7 MP-13 4/5/2019 10.4 MP-14 7/17/2019 7.9 MP-15 4/11/2019 42.5 MP-16 7/17/2019 4.2 Dup-2A 4/11/2019 2 9 High Point Multi Stadium/21047-17-041/150c0020 INDOOR AIR - POST -CONSTRUCTION STADIUM & TICKET BUILDING Indoor air contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/m3) Date of Most Recent Sampling Most Recent 3 Concentration W/m) Non - Residential Screening Level /m3 Benzene A-1 4/5/2019 1.7 7/16/2019 <0.48 1.6 A-2/Du -1 7/16/2019 1.8/2.7 7/16/2019 1.8/2.7 A-5 7/16/2019 3.1 7/16/2019 3.1 A-23/Du -3 4/5/2019 20.2/13.2 7/16/2019 <0.55 Chloroform A-17/Du -2 4/5/2019 0.94/0.71 7/16/2019 <0.83 0.53 Ethylbenzene A-1 4/5/2019 89.5 7/16/2019 <1.3 4.9 A-3 4/5/2019 99.8 7/16/2019 1.4 A-4 4/5/2019 1,210 7/16/2019 <1.4 A-5 7/16/2019 12.3 7/16/2019 12.3 A-6 4/5/2019 82.6 7/16/2019 <1.4 A-7 4/5/2019 69.4 7/16/2019 1.9 A-8 4/5/2019 85.0 7/16/2019 <1.4 A-9 4/5/2019 85.3 7/16/2019 1.7 A-10 4/5/2019 75.2 7/16/2019 1.6 A-11 4/5/2019 75.1 7/16/2019 <1.5 A-12 4/5/2019 74.8 7/16/2019 2.8 A-13 4/5/2019 88.2 7/16/2019 <1.4 A-14 4/5/2019 87.8 7/16/2019 <1.4 A-15 4/5/2019 83.6 7/16/2019 2.0 A-16 4/5/2019 79.8 7/16/2019 1.7 A-18 4/5/2019 8.3 7/16/2019 2.5 A-23/Du -3 4/5/2019 530/460 7/16/2019 31.4 4-Ethyltoluene A-1 4/5/2019 4.3 7/16/2019 <3.7 NS A-3 4/5/2019 5.2 7/16/2019 <3.9 A-4 4/5/2019 17 7/16/2019 <4.0 A-5 7/16/2019 9.1 7/16/2019 9.1 A-6 4/5/2019 5.9 7/16/2019 <4.0 A-7 4/5/2019 4.5 7/16/2019 <4.0 A-8 4/5/2019 7.0 7/16/2019 <4.0 A-9 4/5/2019 8.2 7/16/2019 <4.0 A-10 4/5/2019 4.7 7/16/2019 <4.0 A-11 4/5/2019 5.4 7/16/2019 5.2 A-12 4/5/2019 4.9 7/16/2019 <4.0 A-13 4/5/2019 6.4 7/16/2019 <4.0 10 High Point Multi Stadium/21047-17-041/150c0020 Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/m3) Date of Most Recent Sampling Most Recent Concentration (µg/m3) Non - Residential Screening Level',2 m3 4-Ethyltoluene A-14 4/5/2019 6.5 7/16/2019 <4.0 NS A-15 4/5/2019 5.6 7/16/2019 4.1 A-16 4/5/2019 5.6 7/16/2019 <4.0 A-17/Du -2 4/5/2019 6.0/4.5 7/16/2019 <4.0 A-18 4/5/2019 22.7 7/16/2019 <3.9 A-20 4/5/2019 8.3 7/16/2019 <4.1 Du-3 A-23 4/5/2019 15.5 4/5/2019 15.5 Naphthalene A-10 4/5/2019 7.4 7/16/2019 <4.3 0.36 A-15 7/16/2019 4.3 7/16/2019 4.3 A-22 7/16/2019 4.6 7/16/2019 4.6 Du-3 A-23 4/5/2019 4.7 4/5/2019 4.7 Trichloroeth lene A-7 4/5/2019 1.9 7/16/2019 <0.88 1.8 Trichlorofluoromethane A-17 4/5/2019 1.5 7/16/2019 <1.7 NS 1,2,4-Trimethylbenzene A-18 4/5/2019 82.3 7/16/2019 5.6 53 A-23 4/5/2019 62.1 7/16/2019 12.5 m,p-Xylene A-1 4/5/2019 365 7/16/2019 5.3 88 A-3 4/5/2019 429 7/16/2019 5.3 A-4 4/5/2019 5,490 7/16/2019 4.2 A-6 4/5/2019 354 7/16/2019 4.6 A-7 4/5/2019 297 7/16/2019 5.2 A-8 4/5/2019 358 7/16/2019 4.8 A-9 4/5/2019 359 7/16/2019 6.9 A-10 4/5/2019 319 7/16/2019 6.1 A-11 4/5/2019 317 7/16/2019 4.2 A-12 4/5/2019 318 7/16/2019 11.4 A-13 4/5/2019 364 7/16/2019 4.6 A-14 4/5/2019 369 7/16/2019 5.6 A-15 4/5/2019 349 7/16/2019 8.9 A-16 4/5/2019 332 7/16/2019 5.9 A-23/Du -3 4/5/2019 2,430/2,040 7/16/2019 144 o-Xylene A-1 4/5/2019 95.4 7/16/2019 2.0 88 A-3 4/5/2019 104 7/16/2019 2.1 A-4 4/5/2019 1,300 7/16/2019 1.6 A-6 4/5/2019 92.5 7/16/2019 1.8 A-8 4/5/2019 93.9 7/16/2019 1.8 A-9 4/5/2019 95.7 7/16/2019 2.4 A-13 4/5/2019 97.6 7/16/2019 1.9 A-14 4/5/2019 98.1 7/16/2019 2.0 A-15 4/5/2019 92.1 7/16/2019 3.9 11 High Point Multi Stadium/21047-17-041/15Oc0020 Concentration Date of Non - Exceeding Most Most Recent Residential Indoor Air Contaminant Sample Date of Screening Recent Concentration Screening Location Sampling Level (µg/m3) Sampling (µg/m3) Level',2 m3 o-Xylene A-16 4/5/2019 88.4 7/16/2019 2.5 NS A-23/Du -3 4/5/2019 619/521 7/16/2019 45.3 'Screening 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. 2Indoor air samples presented in this table were collected from the multi -stadium space only and therefore the non- residential VISLs are used for comparison purposes. NS- No screening level established 12 High Point Multi Stadium/21047-17-041/15Oc0020 MAIL I U_ UMF, 0410 ULU FLANK KU, HIUM F'UIN 1, NU ZtZbb I '* tr) N) NI QhN I o hm 4 BRADLEY D. PHILLIPS, CER77FY THAT THIS MAP WAS DRAWN UNDER MY SUPER14S/ON FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN D.B. 8002, PG. Z 03 Q_ PETER DEVELOPMENT LLC 1766, D.B. 8004, PG. 405, DEED BOOK 8214, PAGE 280J P.B. 195, PG. 127 AND P.B. 200, PG. 6 TRAW£TS L.L.C. I x Li ^ I Z ^ ( y PARCEL NO. 188356 I 4 O I Z ^QL (j AND OTHER REFERENCE SOURCES AS SHOWN)), THAT THE 80UNDAR/ES NOT SURVEYED ARE PARCEL NO. 188344 I O �z O D.B. 8230, PG 2694 O Z � p � I W O a CLEARLY INDICATED AS DRAWN FROM INFORMA77ON FOUND IN BOOK AS SHOWN, PAGE AS Q Z N I 1 Z ni W P.B. 155, PG 58 Q 2 N I �u Z' N O I p = rhj N O J ( ) ( D.B. 4981, PG 1122 ? I N N O SHOWN),• THA T THE RA 770 OF PRECISION 1S I. 10, 000-h; THA T THIS MAP MEETS THE REOU1REMEN7S P. B. 2, PG 14 I 4t th I Q W W v ^ v W " Z W ^ v OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING /N NORTH CAROLINA (21 NCAC 56.1600),- Q V C� I THAT THIS PLAT WAS PREPARED /S ACCORDANCE W77H G.S 47-30, AS AMENDED {4977VESS MY Z:l Q dj� m I GATENVW AVEWUE TW_76 I I o Q m I O q m ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS DAY OF 2019 _ - Rey _ I O� AND GUT7PR R O U L 33.4' CURB om, PUBLIC 50'R/W ��-_ BRADLEY_ (PER P.B. 2, PG. 14) CURB 01 FL CER77FICATE OF G.S 47-3O�f (11)cf _ _ - CURBLi 1/2" IP FL LZ 1%2" IP L3 L4 1" lP FL N 25930'wE _ _ R/W �OQ R/W EX. DRILL 4 BRADLEY D. PHILLIPS, PLS CER77FY TO ONE OR MORE OF THE HOLE (p MP-16 A 162" IP FL GP-4(2017) EX. X" MARK /N CONC. G��O FOLLOWING AS INDICATED PARKER & PRICE IN CONC A-17 Cl/ A-s PROPERTIES, LLC A-4 MP-10 , PARCEL NO. 186798 I A-10 GP-7(2017) A-5 TW-4 c.1. THAT THE SURVEY /S OF AN EXIS77NG PARCEL OR PARCELS OF LAND D.B. 7608, PG 2715 a3 I MP-7, A-7 GOLDBERG FAMILY, LLC OR ONE OR MORE EXIS77NG EASEMENTS AND DOES NOT CREATE A _ _ _ _ N MP-8 NEW STREET OR CHANGE AN EXIS77NG STREET. FOR THE PURPOSES - -" - - - r' q MP-4 PARCEL NO. 186809 OF THIS SUBSECTION, AN EXISTNG PARCEL" OR EXISTING ��j N A-8 a MW 3 A-1 D.B. 7774, PG. 1140 h PS. 149, PG. 64 EASEMENT" IS AN AREA OF LAND DESCRIBED IN A SINGLE, LEGAL �+ MP-5 NEW LOT 'A" DESCRIPTION OR LEGALL Y RECORDED SUBDIVIS/ON THAT HAS BEEN DR BARBARA MORENO Z ( , A-3 EXISTING CONFIGURA CONVEYED TO A NEW OWNER BY DEED IN I IS D.B. EL N 186804 I A -12 @ BRO WNFIEL DS , MP-17770N. I A-14 PROPERTY . 1378 GP-3(2017) ZV - 40 1/2" /P 0.6' BG MP-12 TW-13 GP-13 GP-6(2017) , TW-3 EPK �y59Y s E r Z = c� BRADL Y D. PHILLIPS, LS l A N NO. L- 11.22E AC O MP-11 `J° L63 �, a 15' ALLEY MP-13 , MP-3 , � 488� 698E SO. FT. TW 6 1/2" IP FL 126.78, 07E) 1/2" IR FL I 2 , (PER P. B. 2, PG. 14) A-13 �!• Q `D 1, BRADLEY D. PH/CLIPS, CERTIFY THAT THIS MAP WAS N F� 1/2" /R FL I U U DRAW4N UNDER MY SUPERVISION FROM AN ACTUAL GPS BARBARA MORENO 4 -1 MW-2 GP-5(2017) EPK • �P ko _ pj TW-15 A-17 MP-2 �iti M `r SURVEY MADE UNDER MY SUPERVISION AND THE PARCEL NO. 186803 I A p a p FOLLOWING /NFORMA77ON WAS USED TO PERFORM 7HED.B. 8051, PG. IJ74 MP-1 4 a TW-5 1/2" IR FL 2 SU CLASS OF SURVEY A _ - - - - - - - I GP-15 GP-7(2016) JO NO BUILD L62 L8 0.56E AC. I PRELIMINARY PLAT -31 A-18 GP-4(2016) EASEMENT 24,226E SO. FT. (2) POSITIONAL ACCURACY 0.07' a 15' ALLEY 1, 707 SO. FT. GP-2 (3) TYPE OF GPS FIELD PROCEDURE. N) A-16 D.B. 2751, SW-2 _ (PER P.B 22' SSG- 07 (4) DA7FS OF SURVEY- 11-29-2017 Not for Recordation Conveyance, or Sa''QQ t� io Pc. 2754 BASE � PG 12) (5) DATUM/EPOCH: NAD 83 (2011) ' y ' *FERS LDINGS, LLC V N . SW-3 d I (6) PUBUSHED/flXED-CONTROL USE. O. 186802 ^ N MP-14 GP- 6(2016) h h "�� "� o ^ 3 N (7) GEOID MODEL: 12A 27 e. PG. 207.9 M ' I (8) COMBINED GRID FACTOR(S).• 0.999909645 'Z /� , A-20 CITY OF HIGH POINT M r� `O �ltl Q Z q 2 Oro N (9) UNITS.• U.S FEET GP-14 MW-5 PARCEL N0. 186812 `O w p z Z N o I o n a ---------- 4 T14 p D.B. 8002, PG 1766 2O��- ��oN P.B. 195, PG. 127 SW-4 o�Q(� ONNERSHIP AND DEDICA7M.• I MW-50 O ALL OF LOT 5 1, PART OF TW I GP-) Q m I > k M m PETERS HOLDINGS, LLC � � ro a I LOTS PARCEL NO. 186801 P.B. 200, PG 6 MP-18 I o THE UNDERSIGNED HEREBY ACKNOWLEDGES) OWNERSHIP OF THE D.B. 7710, PG 2081 GP-5(2016) w 1/2" IR FL PROPERTY SHOWN AND DESCRIBED HEREON AND HEREBY ADOPTS Ill THIS PLAT AND ALLOTMENT TO BE A FREE ACT AND DEED AND D. B. 814J PG 2055 D MP-19 (TOTAL) W N CHURCH A VE7VUE WAYNE H. PENNELL & P.B. 199, PG 129 A-22 6.98E AC. /� �� ``�° I L9 MW-4 v 1/2" IR FL 50' PUBLIC RAW HEREBY DED/CA7F(S) TO PUBLIC USE S7REETS, PLAYGROUNDS, NANCY B. PENNELL LOT 1 1" lP 0.3' BG MP-23 PARKS, DRAINAGEWAY AND OPEN SPACE, AND EASEMENTS PARCEL NO. 187905 303,872E SO. FT. " „ „ (PER P.B. 98, PG. 80) FOREVER ALL AREA SO SHOWN OR INDICATED ON SAID PLAT, AND D.B. 4732, PG. 2041 0, MP-15 � 30.30' 0.00' B 1/2" IP FL L53 N CITY OF HIGH POINT AUTHORIZE(S) THE CITY OF HIGH POINT TO RECORD THIS PLAT IN P.B. 2, PG. 116 �+ r `� Q LA-23 0 17-E AC co PARCEL NO. 229500 THE OFFICE OF THE REGISTER OF DEEDS OF GUILFORD COUNTY "� 1 L 18 NO BUILD EASEMENT J �� / 0 7, 589t SO. FT. v O. B. 8002, PG. 7766 NORTH CAROL/NA N532549 E "�, 8 443 SO. FT. °F 20.p2' 1,1/2" /R FL' B. 200, PG 6 15' ELECTRIC UTILITY L51 1/2" /P FL , �� EASEMENTTDISKK 164.19' 1/2' IP fL SW -I (D.B. 2751, PG. 2754) o / v2 L2s SIGNED _ (D.B. 7434, PG. 1583N DA1F D.B. 7413, PG. 1312J r as Z 01 601 1j L44 NO BUILD EASEMENT o T 1k �Q �Ce / SIGNED __ -^ (PER P.B. 199, PG. 129 ` �► s GP-12 �R EPv 0.59E AC. L45� I Q `� DATE a ..- A. Tw-9 25,8251E SO. FT. J c� MADEL/NE L. FOWLER &h I •0,��TW-12 t� O Z 0.A77FST REBECCA F. HEDGECOCKgyp•_"GP-8(2017) 275 NORTH ELM �/DACO-TRUSTEE OF MADEL/NE LaHa B-I(BASE) 11hPARTNERS, LLC SG-1NFOWLER REV. TRUST D7D N5220'47E PARCEL NO. 186835 GW I7/30/2015 R O/SK 1.42E AC.aN522047 E u�D. B. 8214, PG 2803OPARCEL NO. 187906 pGW-2 tl 79.19' TW-8 P.8 inn PG. 6 a GENERAL NOTES 61,784E SO. FT. 89.62' ao N533746ED.B. 7736, PG. 2756 hNL49 EPK 1/2 /P FL SG 2 10.NW CITY OF HIGH POINT L17 n h 1) THIS SURVEY lS OF AN EXIS77NG PARCEL(s) OF LAND AND IS BASED ON I PARCEL N0. 186830 ELECTRIC D.B. 8004, PG. 405 EPK 250.98' EXlS17NG CORNERS FOUND ON SITE EPK 32.99' SG-3 EPK1/2 /P FL * ' + :0. 0. 2 FLOOD CERTIf7CA170N. THE SUBJECT PROPERTY /S NOT LOCATED /N A EASEMENL42 P.B. 200, PG 6 . a SG-4 -ClT r iGH POINT � 7?�(D.B. 7412, PG G N5220'45"E r' �` ` {gg SPECIAL FLOOD HAZARD AREA AS SCALED FROM MAPS FURNISHED BY VFL 1/2" lP FL 0.42>R AC. P RC N0. 186838NORiH CAROLINA FL000 PLAIN MAPPING PROGRAM DAZED JUNE 18. M DUP-2 -� ( ) 283.9T TOTAL D. 002 PG 7766N �18096E SO FT. PB. 2aD PG s2007 THE S/7F DOES NOT L/E IMJH/N THE f00 YEAR OR OTHER SPECIALtlrn �i ��� GP 10 �� �� }� EPK 00 HAZARD FLOOD ZONE. SUBJECT TO VER/F7CA77ON BY DETAILED FLOOD I TW 10 ° fJ S533746"W V m 1 f2 /P c� MAP STUDY. SEE COMMUNITY PANEL No. 37f07B0000J 1/2" IP FL •d+�.-�y 1/2IPFL s7 u j 3�' b� 177.93' NAD 83 (ZOl f) NSRS ej 3 ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOISED I I GP-8(2019) V 69 yj1 =nap N = 805,5 77. 95 Q. ^ rn 07HERWISE I a3 Q - 1/2" IP FL L37" r + E = 1, 701,160.57 m U m 4) EXISTING BUILDINGS NOT SH061N AT 1N/S 17ME. I N N5222271E r �2 /P 02 BG'Cd L27� g �' L22 7 "3� �� L31 � I c�i� Q Ci 5) IRON PIPES AT ALL CORNERS UNLESS 07HERWISE NOTED. ( I N 287.95' n SG-5 .,w�..., 6) METHOD OF COMPUTA77ON IS BY COORDINATE CAL CULA770N. W a°jp O `� 2 VR EPK f- EPK iA A2 I 7 THE RA770 OF PRECISION IS 1: 10, 000+. ro~ O „ „ 1 EX. DRILL r tr0 Q C� I Z Oj I GP-11 HOLE V S5221'10"W ! I 8) THE PROPERTY IS SUBJECT TO ANY EASEMENTS, AGREEMENTS, OR i N Q,861F AC. 37255E 4TW- IaRIGHTS'-OF-WAY PRIOR TO 7HE DATF OF THIS MAP WH/CH W4ERE NOT I1 ' II Qj 18209' l� APPARENT AT THE TIME OF MY INSPEC7701V AND MIGHT OTHER BE p W m I 1/2" IP FL 3 SQ. FT N `h 4 CITY OF HIGH POINT DAVCO, LLC, 4 N DISCLOSED BY AN ATTORNEYS 777ZE OPINION WH/CH AS OF DATF SHOWN , m I "�i k PARCEL NO. 186839 CEC HP, LLC go N. Q ^ PARCEL NO. 186825 ^ I PARCEL NO. 186836 � HEREON HAS NOT BEEN SUPPLIED TO DAWS-MARTIN-POWELL ENGINEERS �¢ ^ N D.B. 8002, PG 1766 0. O D.B. 8034, PG. 76J (� I D.B. 8308, PG. 345 EL & SURVEYORS 7HERE MAY BE EASEMENTS OR OTHER MA77ERS OF O ap a� P.B. 200, PG. 6 W A D.B. 8112, PG IJ95 P.B. 143, PG. 50 P. B. 120, PG. 80 2 N RECORD AFFEC77NG THIS PROPERTY NOT SHOt4N HEREON. Vp J C� PART OF NEW LOT 1 9) COORDINATES SHOWN ARE BASED ON THE NORTH CAROLINA GRID SYSTEM Q 7.51' 1/2" /R FL � (� � (s PART OF NEW LOT B" �N (NC3200), NAD 83 (2011) AND NAVD 88 (GEOID 12A), AND I 4220' 1 108.13' 165.21' W � 1/2" IP FL � O V CEC HP, LLC Fz COORDINATES WERE OBTAINED USING 7HE NCVRS SYSTEM. I 1- /p FL f 1 2" lP (,% Z J'+ PARCEL NO. 186837 VICINITY MAP Not to scale STA7EVENT 7HAT NO APPROVAL IS REQUIRED BY NCDOT DIVIS/ON OF HIGHWAYS.• THIS PLAT DOES NOT REQUIRE CER77RCATE OF APPROVAL BY THE N.C. DIVISION OF HIGHWAYS AS PROVDED IN G. S 136-102.6 SUBSEC770N (G). Line Table Line Direction Length L1 N542756 E 165.03 L2 N5332'35 E 49.85 L3 N542904 E 76.80 L4 N54 7857 E 60.21 L5 S35b3'49 E 143. 09 L6 S3525 53 E 13.92 L7 S3472'14 E 35.76 L8 N60i7758 E 6.01 L9 N54400 E 113.55 L 10 S54 44'10"W 40.30 L 11 S3739'15 E 44.45 L 12 S544147"W 9.14 L 13 S06 4603"W 36.84 L 14 N823151 "W 13.98 L 15 S0720 45"W 113.41 L 16 53024 04 E 52.78 L 17 S5152 23'W 1.95 L 18 S5273'36 "W 15.38 L19 N363744W 41.39 L20 N3758'18"W 10.74 L21 S352727 E 58.26 L22 S5322'30"W 80.55 L23 S363533E 3.43 L24 N3739'13"W 9.60 L25 N37:39'15'W 8.28 L26 S5441'47"W 40.30 L27 S5440'44"W 150.01 L28 S233746"W 19.48 L29 5233746"W 74.60 L30 S233746"W 43.43 L31 S5322:30"W 29.04 L32 S362655 E 16.62 Line Table Line .4 Direction Length L33 N363744W 5.28 L34 S37'4623 E 6.14 L35 N3729 45"W 2.85 L36 S35n744 E 26.64 L37 S5076 26 "W 50.15 L38 N3745 44 "W 34.76 L39 S3727'10 E 76.02 L40 5083929W 14.17 L41 S3739'15 E 11.74 L42 S5273'06"W 1D06 L43 Sf350'04"W 42.34 L44 N54 41 47 E 106.88 L45 N54 41 47 E 6.28 L46 5374744E 38.79 L47 S35b4 23 E 138.22 L48 S3024 04 E 1976. L49 N5220 45 E 63.84 L50 N3739'15"W 18.22 L51 N5322 55 E 7.55 L52 N667629"W 37.23 L53 N54 40 35 E 40.07 L54 N3719429'W 3.66 L55 N3739'13"W 9.59 L56 N3739'13"W 19.60 L57 S722521 E 69.09 L58 S3739'13 E 9.60 L59 S5221'10'W 196.96 L60 S374924 E' 15.05 L61 N3739'15'W 7.60 L62 N5220'45 E 4.05 L63 N597146E 6.04 10) ZONED. MIXED USE DOWNTOWN (MX-D) INS/DE CORE CITY BOUNDARY N I / 55359'05"W 55223'40"W h 4" AG 1/2 /P FL Q aj J ^ m D.B. 8179, PG 224o I SHEET 1 OF 3 N 11) EXISTING LAND USE GENERAL BUSINESS AND OFFICE /NS777U770NAL I 3 h 157.84' (TOTAL) 17280' (TOTAL Qi j ^ Pe. 143 PG. 50 PART OF NEW LOT ';4 " EXHIBIT B TO THE NOTICE OF BROWNFIELDS 12) STREET ABANDONMENT CASE 17-04 (D.B. 8001, PG. 2727) J O O EPK RElEN77ON OF THE FOLLOWING U77LITY EASEMENTS APPLYING TO ALL OF ( n h W `t NCGS "TRUST" PROPERTY — SURVEY PLAT 7HE REQUES7ED ABANDONMENTS• I 1 1) RETENTION OF A 30-FOOT WIDE CITY OF HIGH POINT ELECTRICAL °j PIEDMONT ELECTRIC REPAIR " 1/2IP FL L0. n o OBSERVED NAD 83 (2011) NSRS HIGH POINT MULTI -STADIUM SITE EASEMENT CEN7FRED OVER THE EXIS77NG CITY OF HIGH POINT ELECTRICAL I Z COMPANY, INC. PARCEL NO. 1868JJ Q, r�' _ '' N = 802 578.14 301, 305, 285, 275 N ELM STREET POLE AND SERVICE LINES WTHIN AND CROSSING 7HESE RIGHT-OF-WAYS. I r 2) RE7EN77ON OF A 20-FOOT WIDE SEWER LINE EASEMENT CEN7FRE0 O 0. 1/2" IP FL D.B. 2062, PG. 562 D B 8001 PG 2727 1/2" IP FL -� E = J, 702, 778.52 235, 209 APPLING WAY AND OVER EXIS77NG SEWER LINES WITHIN OR CROSSING THESE I Q h W J PART OF ALLEY PI R/GHT-OF- WAYS an 0. h O P. B. 180, PG. 68 3) RETSN770N OF A 20-FOOT WIDE WA7FR LINE EASEMENT CEN7FRED Q OVER EXIS77NG W.47FR LINES WITHIN OR CROSSING THESE I W Z Q O W RIGHT-OF-WAYS. I (n i� 0. Q :- 4) RE7EN77ON OF A 20-FOOT WIDE STORMWATER LINE EASEMENT CEN7FRED OVER EXIS77NG STORMW47FR LINES WITHIN OR CROSSING THESE O Z I Q R/GHT-OF- WAYS. 5OPIEDMONT NA 7URAL GAS MENT I Z :2 CEN7FRED OVER EXIS77AIG GAS L NESW77H/NOR CROSS NG THESE O R/GHT-OF- WAYS A V J L I 6) RE7EN77ON OF A 30-FOOT TIDE DUKE ENERGY EAEMENT CENTERED I m V O OVER EXIS77NG DUKE POWER LINES (OVERHEAD AND UNDERGROUND) Z 0. 0. O k v DRILL HOLE IN WITHIN OR CROSSING THESE RIGHT-OF-WAYS: n 13. U77LITY EASEMENT (PER D.B. 7625, PG. 2678) ABANDONMENT SA14-05, tih W. ENGLISH ROAD CURB 14. THIS PLAT WAS PREPARED IN ACCORDANCE WITH N.C.G.S 130-A310.35 47' CURB AND GUTTER D (NO77CE OF BROWNFIELDS PROPERTY) FOR THE PURPOSES DESCRIBED 50' PUBLIC R/W w 7T-IERE/N. (PER P.B. 143, PG. 50) CURB 15. INFORMA77ON REGARDING THE NA7URE AND QUAN717Y OF SOIL AND/OR W47FR CONTAMINANTS AT THE SITF WAS PROVIDED TO THIS SURVEYOR N BY ECS CAROLINA LLP (GRENSBORO, NC). 16. TOTAL AREA UNDER HEAVY LINE- 11.221- ACRES, MORE OR LESS. �p��p OWNER: 17. THERE ARE IMPROVEMENTS TO THIS PROPERTY NOT SHOMV HEREON. APPROVAL FOR RECORDATION- CITY OF HIGH POINT 18. ANY UNDERGROUND IMPROVEMENTS SHOWN HEREON ARE BASED ON APPROVED FOR RECORDA770N BY THE CITY OF HIGH P.O. BOX 230 SURFACE EVIDENCE ONLY. THIS SURVEYOR CANNOT CERTIFY TO NOR POINT, NORTH CAROLINA ON THE DAY OF HIGH POINT NC 27262 Z ACCEPT LIABILITY FOR THE PRESENCE AND/OR LOCA77ON OF BURIED OR 2020 PURSUANT Z 07HERWISE NON -VISIBLE IMPROVEMENTS TO THE CITY OF HIGH POINT DEVELOPMENT ORDINANCE. OWNER: 275 NORTH ELM PARTNERS, LLC DIRECTOR OF PLANNING & DEVELOPMENT DATE 909 RSPARKSS,, MD MRD, SUITE 216 D 2111152 ai� COMPU7FD POINT (POINT NOT SET) Q 1/2" NEW IRON PIPE (SET) O EXIS77NG IRON PIPE EXIS77NG MONUMENT EPK R/W STATE OF NORTH CAROL/NA COUNTY OF GUILFORD- 1 REVIEW OFFICER OF THE CITY OF HIGH POINT GUILFORD COUNTY, CER77FY THAT THE MAP OR PLAT TO WHICH THIS CER77RCA77ON IS AFf7XED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REVIEW OFFICER DATE LEGEND !P = EX/S7TNG IRON PIPE/PIN POST -CONSTRUCTION /R = EXIS77NG IRON ROD SUB -SLAB VAPOR SAMPLE NIP = NEW T' IRON PIPE (SET) ("MP" NUMBER) ECM = EXIS77NG CONCRE7F MONUMENT INDOOR AIR SAMPLE EPK = EXIS77NG P-K NAIL (A "NUMBER) NPK = NEW PK NAIL (SET) SOIL GAS SAMPLE ("SG" NUMBER) R/W = RIGHT OF WAY CONC. = CONCRETE GROUND WA7ER WELL PAL = PROPERTY LINE a ('TW" NUMBER) AG = ABOVE GROUND SUB SLAB VAPOR BG =BELOW GROUND ■ ('SSG" NUMBER) a = FLUSH WITH GROUND CGF = COMBINED GRID FACTOR O SOIL SAMPLE (GP' NUMBER) EP = EDGE OF PAVEMENT ECN = EXISTING CONCR£TF NAIL BROPINFIELDS PROPERTY LINE ADJO/NERLINE---------- LINE SURVEYED CURB & GUTTER RIGHT OF WA Y - - - - 218 N. LINDSAY STREET TAX PARCEL NOS 186812, 186814, 229500, 186835, 186838, 186825& 186830 HIGH POINT TOWNSHIP, CITY OF HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA PROSPECTIVE DEVELOPER: CITY OF HIGH POINT PROPERTY OWNERS: CITY OF HIGH POINT, 275 NORTH ELM PARTNERS, LLC BROWNFIELDS PROJECT NAME: HIGH POINT MULTI -STADIUM BROWNFIELDS PROJECT NO: 21047-17-041 GRAPHIC SCALE 80 40 0 80 160 1" = 80 FEET MAIL I U: UMF', M I1 UN FUIN 1, NU 212bb 8R01WF7ELDS PROPERTY NAME • HIGH POINT MUL 77 STADIUM BROWNFIELDS PROJECT NUMBER. 21047-17-041 THE MOST RECENT ENVIRONMENTAL SAMPLING AT 7HE BROWNFIELDS PROPERTY REPORTED /N THE ENVIRONMENTAL REPORTS OCCURRED ON AUGUST 16, 2019. 7HE FOLLOWING TABLES SET FOR77L4 FOR CONTAMINANTS PRESENT AT THE BROWNF1ELDS PROPERTY ABOVE APPLICABLE STANDARDS OR SCREENING LEVELS, THE CONCEN7RA77ON FOUND AT EACH SAMPLE LOCA77ON AND THE APPLICABLE STANDARD OR SCREENING LEVEL. SCREENING LEVELS AND STANDARDS ARE SHOWN FOR REFERENCE ONLY AND ARE NOT SET FORTH AS CLEANUP LEVELS FOR THE PURPOSES OF 77-IIS 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS), (April 1, 2013 version): Groundwater Contaminant Sample Location Date of Sampling Concentration Exceeding Standard L Standard (lig/L) Arsenic TW-1 11/28/2017 61 10 TW-3 11/28/201.7 50 TW-5 11/28/2017 41 TW-6 11/28/2017 46 TW-8 11/28/2017 20 T W-9 11/28/2017 19 TW-11 11/28/2017 21 TW-12 I1/28/2017 64 Barium MW-4 5/11/2016 1,700 700 TW-1 11/28/2017 7,600 TW-3 11/28/2017 2,400 TW-4 11/28/2017 710 TW-5 11/28/2017 4,800 TW-6 11/28/2017 13,000 TW-8 11/28/2017 7,300 TW-9 11/28/2017 1,600 TW-11 11/28/2017 4,200 TW-12 11/28/2017 4,700 TW-15 11/28/2017 1,100 n-But ]benzene TW-12 11/28/2017 130 RL 70 sec -But ]benzene TW-12 11/28/2017 81 RL 70 Chromium GW-1 8/15/2019 25.7 10 GW-2 8/15/2019 32.9 MW-2 5/11/2016 95 MW-3 5/11/2016 260 MW-4 5/11/2016 160 MW-5 5/11/2016 62 MW-5D 5/11/2016 10 TW-1 11/28/2017 850 TW-3 11/28/2017 1,500 TW-4 11/28/2017 280 T W-5 11/28/2017 1,600 T W-6 11/28/2017 680 TW-7 11/28/2017 220 TW-8 11/28/2017 480 TW-9 11/28/2017 3,800 TW-10 11/28/2017 52 TW-11 11/28/2017 1,300 T W -12 11/28/2017 1,700 TW-13 11/28/2017 42 TW-14 11/28/2017 140 TW-15 11/28/2017 240 Cumene TW-12 11/28/2017 270 RL 70 1,2-Dichloroethane TW-11 11/28/2017 0.83 0.4 Cis-1,2- Dichloroethylene MW-3 5/11/2016 82 70 TW-6 11/28/2017 330 4-Iso ropyltoluene TW-12 11/28/2017 110 RL 25 Lead MW-4 5/11/2016 15 15 TW-1 11/28/2017 160 TW-3 11/28/2017 56 TW-5 11/28/2017 660 TW-6 11/28/2017 200 TW-8 11/28/2017 82 TW-9 11/28/2017 55 TW-11 11/28/2017 150 TW-12 11/28/2017 480 Mercury TW-1 11/28/2017 1.3 1 1-Meth lna hthalene TW-12 11/28/2017 35 1 2-Meth lna hthalene TW-12 11/28/2017 74 30 Naphthalene TW-12 11/28/2017 580 RL 6 n-Pro ylbenzene TW-12 11/28/2017 410 RL 70 Tetrachloroethylene MW-3 5/11/2016 1.6 0.7 TW-11 11/28/2017 4.3 TW-12 11/28/2017 0.82 Trichloroethylene MW-2 5/11/2016 9.9 3 MW-3 5/11/2016 840 TW-5 11/28/2017 19 TW-6 11/28/2017 1,400 TW-7 11/28/2017 33 TW-11 11/28/2017 8.3 TW-16 12/5/2017 280 Vinyl Chloride MW-3 5/11/2016 3.1 0.03 TW-6 11/28/2017 13 T W-7 11/28/2017 1.4 RL = Increased reporting limit because of the sample matrix LAND USE RES7RIC770NS NCGS 130A-310.35 (a) REQUIRES RECORDA7701V OF A NOTICE OF BROWNFIELDS PROPERTY ("NO77CE) THAT IDEN77RES ANY RES7RIC7IONS ON THE CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY 7HAT ARE NECESSARY OR USEFUL TO MAINTAIN THE LEVEL OF PR07EC77ON APPROPRIATE FOR THE DESIGNATED CURRENT OR FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE PROPERTY. THIS SURVEY PLAT CONS777UTS ONE OF THREE EXHIBITS TO THE N077CE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS PLAT AND RECORDED AT 77-IE GUILFORD COUNTY REGISTER OF DEEDS' OFFICE. THE EXH1817S TO THE N077CE ARE THE BROWNFIELDS AGREEMENT FOR 771E SUBJECT PROPERTY, WHICH /S A T IACHED AS EXHIBIT A TO THE NO77CE,• A REDUCED VERSION OF THIS SURVEY PLA T, WHICH IS ATTACHED AS EXHIBIT B TD 7HE NO77CE,• AND A LEGAL DESCRIP77ON FOR THE SUBJECT PROPERTY, WHICH /S A TTACHED AS EXHIBIT C TO THE NO77CE. THE LAND USE RE57R/CTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH 15 OF THE BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE BROWNFIELDS AGREEMENT, THE FOLLOWING LAND USE RES7RIC770NS ARE HEREBY IMPOSED ON THE BROWNFELDS PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNC770N), OR H15/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS § 130A-310.35(E): o. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR A MUL77—PURPOSE STADIUM FACILITY, RECREA77ONAL AND ENTERTAINMENT VENUE, HIGH DENSITY RES/DENAAL, HOTEL, HOSPITALITY, RETAIL, RESTAURANT, FOOD AND BEVERAGE PROCESSING, BREWERY, OFFICE, OPEN SPACE INCLUDING A PUBLIC PARK, AND ASSOCIATED PARKING USES, AND WITH PR/OR WRITTEN DEQ APPROVAL, OWNER COMMERCIAL USES. FOR PURPOSES OF INNS RES7RIC770N, THE FOLLOWING DEFIN177ONS APPLY• i. RECREATON" IS DEFINED AS INDOOR AND OU7DOOR EXERCISE —RELATED, PHYSICALLY FOCUSED OR LEISURE —RELATED AC77077ES, WHETHER AC77VE" OR PASSIVE, AND THE FACIL177ES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS, SWIMMING POOLS, SPORTS —RELATED COURTS AND RELDS, OPEN SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PA7HS, AND PICNIC AND PUBLIC GATHERING AREAS. ii. ENTERTAINMENT' IS DEFINED AS PRIVATE PUBLIC, AND COMMUNITY AC77V77ES (SUCH AS, FOR EXAMPLE, FES77VALS, 7HEATER, MUSICAL EVENTS OR SHOWS), WHICH MAY INCLUDE FOOD AND BEVERAGE SERVICE. R. HIGH DENSITY RESIDENTIAL" IS DEFINED AS PERMANENT DWELLINGS WHERE RESIDEN77AL UNITS ARE ATTACHED TO EACH OTHER WTH COMMON WALLS, SUCH AS CONDOM/NIA, APARTMENTS GROUP HOMES, DORMITORIES OR BOARDING HOUSES, AND ANY PROPERTY OUTSIDE 7HE DWELLING 57RUC7URES IS USABLE BY ALL RESIDENTS AND NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT (E.G., PRIVA7ELY—OWNED COURTYARDS ARE PROHIBITED), AND MAY INCLUDE RELATED AMENITIES, SUCH AS POOLS, CLUBHOUSES, COURTYARDS, COMMON AREAS RECREA77ON AREAS AND PARKING GARAGES. iv. HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT LODGING TO PAYING CUSTOMERS, AND TO ASSOCIA7ED FOOD SERVICES, BANQUET AND EVENT FACIL177ES GYM, RESERVAT70N, CLEANING, U77L/77ES, PARKING AND ON —SITE HOSPITALITY, MANAGEMENT AND RECEP77ON SERVCES v. HOSPITALITY" IS DEFINED AS COMMERCIAL AC77W77ES, SERVICES AND FACIL177ES DESIGNED TO PROMOTE AND ADVANCE TOURISM, OR FOR PRIVATF AND PUBLIC USE, INCLUDING BUT NOT LIM17ED TO, EVENT CENTERS CONFERENCES, EVENT PLANNING, TRANSPORT4770N, AND ASSOCIA7ED LODGING. of RETAIL" IS 9EF7NED AS THE SALE OF GOODS OR SERVICES, PRODUCTS OR MERCHANDISE DIREC7LY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOAROOMS, PERSONAL SERVICE, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS W. RESTAURANT" IS DEFINED AS A COMMERCIAL BUSINESS ESTABLISHMENT THAT PREPARES AND SERVES FOOD AND BEVERAGES TO PA IRONS, INCLUDING FOOD HALLS. viii. FOOD AND BEVERAGE PROCESSING" IS DEFINED AS THE METHODS USED TO TRANSFORM RAW INGREDIENTS INTO FOOD OR BEVERAGE FOR CONSUMP770N, INCLUDING THE MANUFACTURE, SALE AND DISTRIBUTON OF FOOD AND BEVERAGE PRODUCTS Ix BREWERY FACILITY" IS DEFINED AS AN ESTABLISHMENT FOR 77AE MANUFACTURE, SALE AND DISIRIBU77ON OF BEVERAGES OR FOOD PRODUCTS; INCLUDING WITHOUT LIMITA77ON BEER AND ALE, TOGETHER WITH ASSOCIATED PUBLIC ROADWAYS AND RELATED /NFRAS77?UC7URE. x. OFFICE" IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES xi. OPEN SPACE" IS DEFINED AS LAND MAINTAINED /N A NA7URAL OR LANDSCAPED STATE AND USED FOR NA7TJRAL RESOURCE PRO 7EC770N, BUFFERS GREENWAYS OR DE7EN77ON FACIL777ES FOR STORMWATER. xi7. PUBLIC PARK" /S DEFINED AS ANY LAND OWNED BY THE PUBLIC AND OPEN FOR USE BY THE GENERAL PUBLIC FOR AC77VE (INCLUDING PLAYGROUNDS) OR PASSIVE RECREA77ONAL PURPOSES OR AS A REFUGE FOR WILDLIFE x/i/. PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODA77ON OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME. x/v COMMERCIAL" IS DEFINED AS AN EN7FRPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE, EXCLUDING THE USE OF CHLORINATED SOLVENTS. b. PHYSICAL REDEVELOPMENT OF 77YE BROWNFIELDS PROPERTY MA Y NOT OCCUR OTHER THAN 1N ACCORDANCE, AS DE7FRM/NED BY DEQ, WTH AN ENVIRONMENTAL MANAGEMENT PLAN ('EMP) APPROVED /N WR/ 7TNG BY DEQ /N ADVANCE (AND REUSED TO DEQ S WRITTEN SA 775FAC77ON PRIOR TO EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT 1S CONSISTENT WI77-1 ALL THE OTHER LAND USE RES7RIC7IONS AND DESCRIBES REDEVELOPMENT AC77V77ES AT THE BROWNFIELDS PROPERTY, THE 77MING OF REDEVELOPMENT PHASES AND ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM USE OF 77-IE BROWNFIELDS PROPERTY DURING CONS7RUC770N OR REDEVELOPMENT IN ANY OTHER FORM, INCLUDING WITHOUT L IM/ TA 77ON.- I SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT L/MITA77ON THOSE RESUL77NO FROM CONTAMINATION 10EN77RED IN THE ENVIRONMENTAL REPORTS; A ISSUES RELATED TO P07EN77AL SOURCES OF CONTAMINA77ON REFERENCED IN PARAGRAPH 8 ABOVE - Al. CON77NGENCY PLANS FOR ADDRESSING, INCLUDING WI7HOUT LIMITATON 77-IE 7FST7NG OF SOIL AND GROUNDWATER, NEWLY DISCOVERED P07FIV77AL SOURCES OF ENVIRONMENTAL CONTAMINA7701V (E.G., USTs TANKS, DRUMS, SEP77C DRAIN FIELDS, OIL —WATER SEPARATORS, SOIL CONTAMINATION),AND iv. PLANS FOR THE PROPER CHARAC7FRIZA77ON OF AND, AS NECESSARY, DISPOSAL OF CONTAM/NA7ED GROUNDWATER AND CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT. a THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILDCARE, ADULT CARE CEN7FRS OR SCHOOLS WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ. d. GROUNDWA7FR AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITIFN APPROVAL OF DEQ. e. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQS SA77SFAC7701V AND THE WI71TT£N APPROVAL OF DEQ, UNLESS CONDUCTED IN ACCORDANCE WTH AN APPROVED EMP AS OU7LINED IN SUBPARAGRAPH 15.b. ABOVE f. NO A07714TY THAT D/S7ZIRBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTL DEQ STA TES /N WRI77NG, /N ADVANCE OF THE PROPOSED AC77WTY THAT SAID AC77VTY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DE0 DEEMS NECESSARY TO ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 15.a. ABOVE WHILE FULLY PR07EC77NG HEALTH AND THE ENVRONMENT, EXCEPT - I. IN CONNEC77ON WITH LANDSCAPING TO DEPTHS NOT EXCEEDING 24 INCHES - A. MOWING AND PRUNING OF ABOVE —GROUND VEGETATON,• X FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED 7HAT DEQ SHALL BE GIVEN WRITTEN N077CE AT LEAST SEVEN DAYS /N ADVANCE OF A SCHEDULED REPAIR (1F 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 CONNE077ON TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ—APPROVED EMP AS OUTLINES IN SUBPARAGRAPH 15.b. ABOVE SUB -SLAB VAPOR — PRE -CONSTRUCTION Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Sub -Slab Vapor Concentration Residential Contaminant Sample Date of Exceeding Screening 1 Location Sampling Screening Limit Level ( /rn) (g/m) Trichloroethylene SSG-07 1 9/15/2016 1 230 14 'Screening levels displayed for non -carcinogens are Tor a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk. 2All other sample results for this dataset that were collected prior to the construction of the stadium, samples SSG-01 through SSG-10, were reported as non -detects; however, reporting limits were quite elevated in the range of 100 to 1,000 µg/m3, exceeding established DWM VISLs for the volatile organic compounds reported. Bold — Concentration also exceeds Non -Residential Screening Level § 130A-310.35 g. UNLESS COMPLIANCE WI7H THIS LAND USE RES7RIC7701V IS WAIVED IN WRI77NG IN ADVANCE BY DEO /N RELA77ON TO PAR77CULAR BUILDINGS, DEMOL177ON AND/OR RENOVA77ON OF ANY OR ALL BUILDINGS ON THE BROWNFIELDS PROPERTY DEPICTED ON THE PLAT COMPONENT OF THE N077CE REFERENCED IN PARAGRAPH 20 BELOW SHALL BE IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS, INCLUDING WITHOUT LIMITA77ON THOSE RELATED TO LEAD AND ASBESTOS ABATEMENT 7HAT ARE ADMINISTERED BY THE HEALTH HAZARDS CONTROL UNIT WITHIN THE DIVISION OF PUBLIC HEALTH OF THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES h. NO ENCLOSED BUILDING MA Y BE CON57RUCTED ON THE BROWNFIELDS PROPERTY AND NO EXIS77NG BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT COMPONENT OF 7HE N077CE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 20 BELOW, MAY BE OCCUPIED UN77L DEQ DETERMINES IN WRITING THAT I THE BUILDING IS OR WOULD BE PRO 7FC77VE OF THE BUILDINGS USERS, PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION BASED ON SITE ASSESSMENT DATA OR A S/7E—SPECIFIC RISK ASSESSMENT APPROVED IN WRI771VG BY DEQ,• A THE BUILDING IS OR WOULD BE SUFFICIEN77Y DISTANT FROM THE BROWNFIELDS PROPERTY'S GROUNDWA7ER AND/OR SOIL CONTAMINA77ON BASED ON ASSESSMENT DATA APPROVED IN OR177NG BY DEQ THAT 7HE BUILDINGS USERS, PUBLIC HEALTH AND 7HE ENVIRONMENT WILL BE PROTECTED FROM RISK FROM VAPOR INTRUSION RELATED TO SAID CONTAMINA776K OR fiT. VAPOR INTRUSION U177GA77ON MEASURES ARE DESIGNED, INSTALLED, AND IMPLEMENTED IN A MANNER THAT WILL FULLY PR07ECT PUBLIC HEALTH TO THE SA77SFAC77ON OF A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEERS PROFESSIONAL SEAL ON A REPORT THAT INCLUDES PHOTOGRAPHS AND A DESCRIP77ON OF THE INSTALLATION AND PERFORMANCE OF SAID MEASURES AND TO DEQ. ANY DESIGN SPECIF/CA77ON FOR VAPOR INTRUSION U177GA77ON MEASURES SHALL BE APPROVED /N WRI77NG BY DEQ IN ADVANCE OF INSTALLA7ON AND/OR /MPLEMENTA77ON OF SAID MEASURES. THE DESIGN SPECIRCA77ONS SHALL INCLUDE METHODOLOGY(IES) FOR DEMONS7RA77NG PERFORMANCE OF SAID MEASURES I. NEITHER DEQ, NOR ANY PARTY COIVDUC77NG ENVRONMENTAL ASSESSMENT OR REMED/A 77ON AT THE BROWNFIELDS PROPERTY AT THE DIREC77ON 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 CONDUC77NG SUCH ASSESSMENT ORT R£MED/A 770N, WHICH /S TO BE CONDUCTED USING REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WTH AUTHORIZED USES OF THE BROWNFIELDS PROPERTY. j ANY DEED OR OTHER INS7RUMENT CONVEYING AN INTEREST IN 7HE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NO77CE.• "THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO IRE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN THE GUILFORD COUNTY LAND RECORDS, BOOK PAGE ___. " A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED /N SEC77ON XV (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDEN77AL /NFORMA 77ON RELA TED TO THE CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDAC77ONS COMPLY WITH THE CONFIDEN77ALITY AND TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC RECORDS LAW. THE OWNER MAY USE IRE FOLLOWING MECHANISMS TO COMPLY WITII THE OBLIGA7701VS OF THIS SUBPARAGRAPH. (i) /F EVERY LEASE AND RIDER /S IDEIV77CAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF A FORM LEASE OR RIDER EWDENCING COMPLIANCE WITH THE SUBPARAGRAPH, IN LIEU OF SENDING COPIES OF AC7UAL, EXECUTED LEASES, TO THE PERSONS LISTED IN SEC77ON XV (NO77CE AND SUBMISSIONS),- OR (Tl) THE OWNER CONVEYING AN INTEREST MAY PROVIDE ABSTRACTS OF LEASES, RATHER 7HAN FULL COPIES OF SAID LEASES, TO THE PERSONS LISTED IN SEC77ON XV. k. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFELDS PROPERTY, AS DESCRIBED IN PARAGRAPH 8 ABOVE OF THIS AGREEMENT AND AS MODIFIED BY DEQ /N WR/77NG /F ADD177ONAL 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 - 1. IN DE MINIMIS OUAN7777ES FOR CLEANING AND OTHER ROU77NE HOUSEKEEPING AND MAINTENANCE AC77V77ES; ii. AS FUEL OR 07HER FLUIDS CUSTOMARILY USED IN VEHICLES, LANDSCAPING EQUIPMENT AND EMERGENCY GENERATORS,; OR X. AS CONS777UENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN THE FOLLOWING ENVIRONMENTS• MUL77—PURPOSE STADIUM, RECREA7701VAL AND ENTERTAINMENT VENUE, HIGH DENSITY RESIDENITAL, HOTEL, HOSPITALITY, RETAIL, RESTAURANT, FOOD AND BEVERAGE PROCESSING BREWERY, OFFICE, OPEN SPACE INCLUDING A PUBLIC PARK, AND ASSOC/A TED PARKING USES, AND WI77-1 PRIOR WRITTEN DEQ APPROVAL, OTHER COMMERCIAL USES, PRO14DED SUCH PRODUCTS AND MA7ERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS. 1. WITHIN 60 DAYS AFTER THE EFFEC77VE DAIF OF THIS AGREEMENT OR PRIOR 70 LAND DISTURBANCE ACTVTES, PROSPEC77VE DEVELOPER SHALL ABANDON ALL MONITORING WELLS, INJECTION WELLS, RECOVERY WELLS, PIEZOMETERS AND OTHER MAN—MADE POINTS OF GROUNDWATER ACCESS AT THE BROWNFIELDS PROPERTY /N ACCORDANCE W rH SUBCHAPTER 2C OF 7777E 15A OF THE NORTH CAROL/NA ADMIN/STTA 77VE CODE, UNLESS AN AL7ERNAIF SCHEDULE IS APPROVED BY DEQ W77HIN 30 DAYS AFTER DOING SO, THE PROSPEC77VE DEVELOPER SHALL PROVIDE DEQ, A REPORT SET77NG FORTH THE PROCEDURES AND RESULTS m. THE OWNER OF ANY POR77ON OF THE BROWNF/ELDS PROPERTY WHERE ANY EXIS77NG, OR SUBSEQUEN7L Y INSTALLED, DEQ—APPROVED MONITORING WELL IS DAMAGED BY 7HE OWNER, ITS CONTRACTORS, OR ITS 7ENAN7S SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO DEOS WRITTEN SA77SFAC77ON AND 077HIN A TIME PERIOD ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH 77-IIS LAND USE RES7R/C77ON IS WAIVED IN WRITNG BY DEQ IN ADVANCE. n. DURING JANUARY OF EACH YEAR AFTER THE YEAR /N WHICH THE NOTICE REFERENCED BELOW /N PARAGRAPH 20 /S RECORDED, THE OWNER OF ANY PART OF 7HE BROWNFIELDS PROPERTY AS JANUARY 1ST OF THAT YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS UPDAIF ("LURU) TO DEQ, AND TO 7HE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF GUILFORD COUNTY, CER77FYING THAT, AS OF SAID JANUARY 1ST, THE N077CE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RES7RIC770N5 REMAINS RECORDED AT THE GUILFORD COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RES7RIC77ONS ARE BEING COMPLIED WIN. THE SUBMITTED LURU SHALL STAIF THE FOLLOWING: I. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E—MAIL ADDRESS OF THE OWNER OR BOARD, ASSOCIA77ON OR APPROVED EN77TY SUBMIT77NG THE LURU IF SAID OWNER ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVOUS CALENDAR YEAR; A. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSONS E—MAIL ADDRESS, IF SAID OWNER TRANSFERRED ANY PART OF THE BROWNFELDS PROPERTY DURING THE PREVOUS CALENDAR YEAR,• Ili. A JOINT LURU MAY BE SUBMITTED FOR MULnPLE OWNERS BY A DULY CONS77T/TFD BOARD OR ASSOCIA77ON AND SHALL INCLUDE IRE NAME, MAILING ADDRESS, 7ELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSONS E—MAIL ADDRESS OF 7HE EN77TY SUBMIT77NG THE JOINT LURU AS WELL AS FOR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED - iv. WHETHER ANY VAPOR BARRIER AND/OR MI77GA7701V SY57EMS INSTALLED PURSUANT TO SUBPARAGRAPH 15.h.lii. ABOVE ARE PERFORMING AS DESIGNED, AND WHETHER THE USES OF THE GROUND FLOORS OF ANY BUILDINGS CONTAINING SUCH VAPOR BARRIER AND/OR MI77GA77ON SYSTEMS HAVE CHANGED, AND, IF SO, HOW AND v. A LURU SUBMITTED FOR RENTAL UNITS SHALL INCLUDE 7HE RENT ROLL AND ENOUGH OF EACH LEASE EN7ERED INTO DURING THE PREVOUS CALENDAR YEAR TO DEMONS7RAIF COMPLIANCE WITH LESSEE NOTFICA77ON REQUIREMENTS IN PARAGRAPHS 21 AND 22 OF THIS AGREEMENT PROVDED THAT IF STANDARD FORM LEASES ARE USED IN EVERY INSTANCE, A COPY OF SUCH STANDARD FORM LEASE MAY BE SENT /N LIEU OF COPIES OF ACTUAL LEASES NO7F• THE LAND USE RES7R/CT10NS PLACED HEREIN SUPERSEDE AND REPLACE THE ORIGINAL LAND USE RES7RIC77ONS RECORDED FOR 7HOSE POR77ONS OF REDEVELOPMENT AREAS C", D", AND G" WITH THOSE SET FORTH IN THIS PARAGRAPH. FOR THE PURPOSES OF N.C.G.S. ELLEN LORSCHEIDER, DEPUTY DIRECTOR DIVISION OF WASTE MANAGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE DATE OWNER: 275 NORTH ELM PARTNERS, LLC 909 RIDGEBROOK RD, SUITE 216 SPARKS, MD 21152 OWNER: CITY OF HIGH POINT P.O. BOX 230 HIGH POINT NC 27262 PRELIMINARY PLAT Not for Recordation, Conveyance, or Sales SHEET 2 OF 3 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY — SURVEY PLAY HIGH POINT MULTI -STADIUM SITE 275, 285, 301, 305 N ELM STREET 218 N. LINDSAY STREET TAX PARCEL NOS 186812, 186814, 186835, 186838, 186830 & 186825 HIGH POINT TOWNSHIP, CITY OF HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA PROSPECTIVE DEVELOPER: CITY OF HIGH POINT PROPERTY OWNERS: CITY OF HIGH POINT, 275 NORTH ELM PARTNERS, LLC BROWNFIELDS PROJECT NAME: HIGH POINT MULTI —STADIUM BROWNFIELDS PROJECT NO: 21047-17-041 UMF, t3410 ULU FLANK KU, HIUM FUIN 1, NU 1/Zbb SUB -SLAB VAPOR - POST -CONSTRUCTION STADIUM & TICKET BUILDING GROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/L) Residential VI Screening Levels L) n-Butylbenzene TW-12 11/28/2017 130 RL NS sec-Butylbenzene TW-12 11/28/2017 81 RL NS tert-Butylbenzene TW-12 11/28/2017 11 RL NS cis-1,2- Dichloroethylene MW-3 5/11/2016 82 NS TW-6 11/28/2017 330 TW-7 11/28/2017 12 TW-13 I1/28/2017 0.7 trans-1,2- Dichloroethylene MW-3 5/11/2016 7.2 N S TW-6 11/28/2017 15 TW-7 I1/28/2017 0.87 Eth ibenzene TW-12 11/28/2017 280 35 Iso ro ylbenzene TW-12 11/28/2017 270 RL 180 4-Iso ro 'toluene TW-12 11/28/2017 110 RL NS Mercury TW-I 11/28/2017 1.3 0.18 1-Methylna hthalene TW-12 11/28/2017 35 NS 2-Meth Ina hthalene TW-12 I1/28/2017 74 NS Naphthalene TW-12 11/28/2017 580 RL 35 Trichloroethylene MW-2 5/11/2016 9.9 1 MW-3 5/11/2016 840 TW-5 11/28/2017 19 TW-6 11/28/2017 1,400 TW-7 11/28/2017 33 TW-11 11/28/2017 8.3 TW-12 11/28/2017 2.4 TW-13 11/28/2017 1.1 TW-16 12/5/2017 280 1,2,4- Trimeth lbenzene TW-12 11/28/201.7 67 50 Vinyl Chloride MW-3 5/11/2016 3.1 1.5 TW-6 11/28/2017 13 ' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a LOE-5 lifetime incremental cancer risk. 2 NS - No screening level established. RL - Increased RL because of the sample matrix Bold - Concentration also exceeds Non -Residential Screening Level SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential Health -Based Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (December 2019 version): Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level m ) Residential Screening Level m Arsenic GP-1 3 11/22/2017 1.30 0.68 GP-2 3 11/22/2017 1.50 GP-3 5 11/22/2017 4.60 GP-4 5 11/22/2017 9.10 GP-5 6 11/22/2017 1.40 GP-6 4 11/22/2017 2.90 GP-7 4 11/22/2017 3.00 GP-8 3 11/22/2017 1.50 GP-10 3 11/22/2017 1.30 GP-11 4 11/22/2017 1.70 GP-12 3 11/22/2017 0.77 GP-13 5 11/22/2017 1.60 GP-14 5 11/22/2017 1.50 GP-15 5 11/22/2017 2.70 GP-8 2 (2019) 0-2 8/14/2019 5.4 SW-2 3-4 2/22/2018 3.7 SW-3 3-4 2/22/2018 3.2 SW-4 3-4 2/22/2018 1.3 Base 4-5 2/22/2018 1.5 Benzo(a)pyrene GP-4 10 5/5/2016 0.29J 0.11 GP-5 10 5/5/2016 0.191 GP-6 10 5/5/2016 0.15J Benzo(g,h,i)perylene GP-4 10 5/5/2016 0.18J NS GP-5 10 5/5/2016 0.15J GP-6 10 5/5/2016 0.11.1 4-Iso ropyltoluene GP-12 3 11/22/2017 0.9 NS Naphthalene GP-12 3 11/22/2017 6.3 4.1 SW-1 4-5 1/31/2018 4.32 B-1 Base 5-6 1/31/2018 7.64 Phenanthrene GP-4 10 5/5/2016 0.49 NS GP-5 10 5/5/2016 0.32J Phenanthrene GP-6 10 5/5/2016 0.95 NS GP-7 1 10 5/5/2016 0.20J 'There are three distinct soil sample datasets identified as a GP -series, one in 2016, one in 2017, and one in 2019. Similarly, there are more than one soil sample datasets identified as a SW -series in 2018 based on the removal of different USTs across the Brownfields Property. ZSoil samples GP-1, GP-2, GP-9, GP-12, and Dup-3 collected in 2019 were reported as non -detects for arsenic; however, reporting limits were elevated above the industrial PSRG of 3.0 mg/kg. NS - No screening level established INDOOR AIR - POff-CONSTRUCTION STADIUM &. TICKET BUILDING Indoor air contaminants is micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Non -.Residential Vapor Intrusion Screening Levels (VISL), February 2018 version. Indoor Air Contaminant Sample Location Date of Sampling 4.t nvwtrattion Exceeding Screening Level (11g)m) .Date of Most Recerit. Sampling Most Rectrit Concentration (Ftgim) Non - Residential Screming Levi°' �3 Benzene A -I 4/&2019 1.7 7/16J2019 <0,48 i.6 A-2[D -1 WIN2019 1112.7 1d16/20t9 1_812.7 A-5 7116J2019 3.1 7/1612019 3.1 A-231Dca -3 415/20/9 20.VI3.2 ?/1612019 ­0_55 Chloroform A-171Du -2 415120/9 0,9410,71 7/1&2019 10.83 0.53 1Ethyll rraette A-1. 4/512019 893 W1612019 <1.3 4.9 A-3 4/512019 99.8 711612019 1 A A4 4/512019 1,210 7116=19 <1.4 A-5 7116/2019 12.3 r IW2019 12.3 _ A-6 41512019 32.6 7/16/'2019 <1.4 A-7 41512019 69.4 7/I612.019 L9 A-8 VSJ2010 85.0 71l&2.019 <L4 A-9 415!2019 .853 71i6t2019 1,.7 A-10 41512019 15.2 7it6n-019 1.6 A-11 41512019 75.1 711001.9 1.5 A-12 41312019 74.8 7116/2019 2.8 A-13 41512019 89.2 7116/2019 <1.4 A-14 4/512019 87.8 7116f2019 <1.4 WLL A-15 4/5,12019 83.6 71M6 2019 2,0 A-16 N512019 7+9.8 711faO19 1.7 A48 41512019 8.3 7/16I'2019 2.5 A-23/D -3 41512019 530/460 7/1 &2019 31.4 4-Ethyltoluene A-1 41512019 4.3 7116a019 <3.7 NS A-3 41512019 _ 5.2 7116t2019 <3.9 A•4 415,12019 17 7116f2019 e4.0 A-5 7/16/2019 9.1 7116ao 19 9.1 A-6 41512019 5-9 7/1612019 <4.0 A-7 41512019 4.5 W16f2019 {4.0 A-8 41512019 7.0 7116/2019 <4.0 A-9 41512019 8.2 7116/2019 <4.0 A-10 4/512019 4.7 7/1602019 <4.0 A -I 1 415t2097-3-T- 1 . W 1 &2019 5.2 A-12 4151261--9-i 4.9 711612019 <4,0 A-13 4151201.9 6.4 W fit2Qi'4 •4.0 Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding Screening level (µgiro) Date of Most Recent Sampling Most Recent Conrttr-ation C18/n°3} -Nan- Residential Scrmning Levell'a 3) 4-15thyltoluene, A-14 4/5/2019 6.5 7/16/2019 <4.0 NS A.15 4/512019 5.6 7/16/1019 4.1 A-16 4/5/2019 5.6 7/1&2019 <4.0 A-17/Dtr -2 V5/2019 6.014,5 ?/IW2019 44.0 A-18 415/2019 217 7/1612019 '; <3.9 A-20 415/2019 8.3 7/16/2019 ' <4A DM -3 A-23 415l2019 15..5 4/512019 15.5 Naphthalene A-10 44V2019 7.4 7/16./2019 <4.3 0.36 A-15 7116I2019 4.3 W1N2019 4=3 A-22 7116J2019 4.6 7;1W2019 4.6 Du 3 A-23 4/5/2019 4:7 4&2019 4.7 Trichloroeth lene A-7 4/312019 1.'9 7/1612019 - <0.118 1.8 Trichlorofluoromethane A-17 41:SJ2019 I 1,5 7/1612019 <13 NS 1,2,4-Tr mathylbenaene A -IS 415/201.9 82.3 711612a19 ,6 53 A-23 41512019 62.1 W1612019 12.5 m,p-Xylene A-1 4/3/201.9 365 711612019 5.3 88 A-3 4/512019 429 7116/20191 5.3.. A-4 415/2019 5,490 711019 4.2 A-6 4151201.9 354 71160019 4.6 A-7 415n019 297 W I U2019 5.2 A-8 4131201.9 358 711612019 4,8 A-9 415ml9 359 711612014 6,9 A-10 415/2019 319 711612019 61 A-11 415/2019 317 71160019 4.2 A-12 415/2019 318 7116/2019 11A A-13. 415/2019 364 ........... W16f2tl19 4.6 A-14 4/512019 369 . 7i16J2019 5.6 A-15 41512019 349 7116/2019 8.9 A-16 4/5/2019 332 7116J2019 5,9 A-2NDi,r -3 4/5/2019 2,43012 040 7 U2019 144 o-Xyleite A -I 4/5/2019 95A 711612019 2.0 88 ` A-3 4/5/2019 104 7116/2019 2 A A-4 4/$.12019 � 1,3,00 7/l&2019 1.6 A-6 41512019 92.5 7116a019 I.8 A-8 4/5/2019 93.9 71161201.9 1.8 A-9 415/2019 95.7 71IN2019 2.4 A-13 4/5/2019 97.6 7116P-019 L9 Aai4 4/3/2019 98.1 7/1612019 2.(Y A-15 4/;S/20 99 92,i 71i6tI019 3.9 Concentration Date of Non. Exceeding Most Most Recent Residential Indoor Air Contaminant SampleDate of Screening Recent Concentration Screening� Location Sampling Level (pgl'm) Sampling (� axa) level t m o-Xylene A-16 41512019 88A 711612019 1 2.5 NS A-231Du .3 415/2019 6191521 7i1 N2019 rk5.3 Stx toting Iimila displayed for non-aarcinogcies art Iona hazard gaofveut equal to t1.2. Scre=ing icvels displayed for caminopans are fors LOE 6 tifetirne invromcno.l per risk. a Indoor air samples p weated in this table wells Wilocle+d from tlic malti-stadium space only and therefore the non- residential. VISLs an toed for comparison pwpwes.. NS- No screening tewci established Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Sub -Slab Vapor Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (µg/m3) Non - Residential Screening Limit' s m 1,3-Dichlorobenzene MP-1 4/5/2019 7.3 NS MP-2 4/5/2019 11.6 MP-3 4/5/2019 11.7 MP-4 4/5/2019 7.8 MP-8 4/11/2019 5.0 MP-10 7/16/2019 3.6 MP-II/Du-3 7/16/2019 4.7/4.9 MP-13 4/5/2019 6.2 MP-16 4/5/2019 16.3 MP-17 4/5/2019 13.1 MP-18 4/5/2019 7.0 MP-19 4/5/2019 7.5 Du -1A 4/5/2019 8.6 Du -3A 4/5/2019 7.0 Dichlorotetrafluoroethane MP-8 4/11/2019 39.0 NS MP-12 4/11/2019 3.6 MP-14 7/17/2019 12.9 MP-I5 4/11/2019 2.4 MP-16 7/17/2019 4 MP-18 4/5/2019 3.9 Du -2A 4/11/2019 3.2 4-Ethyltoluene MP-7 4/5/2019 20.6 NS MP-12/Du -4 7/17/2019 5.4 MP-23 7/17/2019 6.3 Trichlorofluoromethane MP-8 4/11/2019 4.0 NS MP-12/Du -4 7/17/2019 3.4/5.7 MP-13 4/5/2019 10.4 MP-14 7/17/2019 7.9 MP-15 4/11/2019 42.5 MP-16 7/17/2019 4.2 Dup-2A 1 4/11/2019 2 'Screening 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. ZSample point MP-23 was collected from sample location MP-19 located in the ticket building. SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL), February 2018 version: Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level ( m3 Residential Screening Level' m3 Benzene SG-3 8/16/2019 490 120 Dichlorotetrafluoroethane SG-5 8/16/2019 93 NS Ethylbenzene SG-3 8/16/2019 710 370 4-Ethyltoluene SG-2 8/16/2019 25 NS SG-3 8/16/2019 200 SG-4 8/16/2019 38 Trichlorofluoromethane up- 8/16/2019 7.5 NS SG-5 8/16/2019 6.9 SG-1 8/16/2019 49,000 '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. NS - Screening level not established for this compound THE AREAS AND TYPES OF CONTAM/NA T/ON DEPICTED HEREON ARE APPROX/MA TTONS DERIVED FROM THE BEST AVAILABLE INFORMA 77ON A T THE 7TME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLA T IS A VAItABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY. OWNER: OWMR: CITY OF HIGH POINT 275 NORTH ELM PARTNERS, LLC P.O. BOX 230 909 RIDGEBROOK RD, SUITE 216 HIGH POINT NC 27262 SPARKS, MD 21152 PRELIMINARY PLAT Not for Recordation, Conveyance, or Sales SHEET 3 OF 3 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAY HIGH POINT MULTI -STADIUM SITE 275, 285, 301, 305 N ELM STREET 218 N. LINDSAY STREET TAX PARCEL NOS 186812, 186814, 186835, 186838, 186830 & 186825 HIGH POINT TOWNSHIP, CITY OF HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA PROSPECTIVE DEVELOPER: CITY OF HIGH POINT PROPERTY OWNERS: CITY OF HIGH POINT, 275 NORTH ELM PARTNERS, LLC BROWNFIELDS PROJECT NAME: HIGH POINT MULTI -STADIUM BROWNFIELDS PROJECT NO: 21047-17-041 EXHIBIT C LEGAL DESCRIPTION Commencing from an existing 1/2" iron pipe, said iron pipe having NAD 83 (2011) coordinates of N: 805.577.95 and E: 1,701,160.57; being located on the western right-of-way of North Elm Street (Public right-of-way varies per Plat Book 149, Page 64); being the northeast corner of CEC HP, LLC, Parcel No: 186836 (Deed Book 8308, Page 345, and Plat Book 120, Page 80 — Part of New Lot 1) and being in the southern right-of-way of Appling Way (a 50' Public right- of-way per Plat Book 200, Page 6); Thence leaving said CEC HP, LLC (Parcel No: 186836) and along the western right-of-way of said North Elm Street, N 34°56'27" W 50.02 feet to an existing 1/2" iron pipe, said iron pipe being the southeast corner of 275 North Elm Partners, LLC, Parcel No: 186835 (Deed Book 8214, Page 2803 and Plat Book 200, Page 6, Lot "C"), being in the northern right-of-way of said Appling Way and being the Point of Beginning; Thence leaving said North Elm Street western right-of-way and along said 275 North Elm Partners, LLC southern and western property lines and said Appling Way northern right-of-way the following two (2) courses and distances: 1) S 53°37'46" W 238.13 feet to an existing 1/2" iron pipe; 2) S 35°07'44" E 26.64 feet an existing 1/2" iron pipe; Thence leaving said 275 North Elm Partners, LLC and crossing said Appling Way, S 35°27'27" E 58.28 feet to an existing 1/2" iron pipe, said iron pipe being located in the southern right-of-way of said Appling Way and being a northwest corner of said CEC HP, LLC (Parcel No: 186836); Thence along said Appling Way southern right-of-way and along a western property line of said CEC HP, LLC (Parcel No: 186836), S 36°26'55" E 16.62 feet to an existing 1/2" iron pipe, said iron pipe being a western corner of said CEC HP, LLC (Parcel No: 186836) and being a northeast corner of CEC HP, LLC, Parcel No: 186837 (Deed Book 8179, Page 2240 and Plat Book 143, Page 50, Part of New Lot "A"); Thence leaving said CEC HP, LLC (Parcel No: 186836) and along the northern property line of said CEC HP, LLC (Parcel No: 186837) and said Appling Way southern right-of-way, S 53°22'30" W 29.04 feet to an existing 1/2" iron pipe; Thence leaving CEC HP, LLC (Parcel No: 186837) and crossing into said Appling Way the following three courses and distances: 1) S 53°22'30" W 80.55 feet to a computed point; 2) S 36°35'33" E 3.43 feet to a computed point; 3) S 54°40'44" W 150.01 feet to an existing 1/2" iron pipe, said iron pipe being a point in the intersection of said Appling Way and Pine Street (50' Public Right-of-way per Plat Book 148, Page 116); Thence crossing the northern right-of-way of said Pine Street and the southern right-of-way of said Appling Way, S 50'16'26" W 50.15 feet to an existing 1/2" iron pipe, said iron pipe being the northwest corner of said Pine Street, being located in the western right-of-way of said Appling Way and being an eastern corner of City of High Point, Parcel No: 186830 (Deed Book 8004, Page 405 and Plat Book 200, Page 6, Lot "H"); Thence leaving said Appling Way and along the eastern property line of said City of High Point (Parcel No: 186830) and said Pine Street western right-of-way, S 37°48'23" E 6.14 feet to an existing 1/2" iron pipe, said iron pipe being a southern corner of said City of High Point (Parcel No: 186830) and being the northeast corner of City of High Point, Parcel No: 186825 (Deed Book 8001, Page 2741 and Plat Book 200, Page 6, Lot "I"); Thence leaving said City of High Point (Parcel No: 186830) and along the western right-of-way of said Pine Street and the eastern property line of said City of High Point (Parcel No: 183825), S 37°48'23" E 133.86 feet to an existing 1/2" iron pipe, said iron pipe being the southeast corner of said City of High Point (Parcel No: 186825) and being the northeast corner of Piedmont Electric Repair Company, Inc., Parcel No: 186833 (Deed Book 2062, Page 562, Deed Book 8001, Page 2727 and Plat Book 180, High Point Multi-Stadium/21047-17-041/150ct2020 Page 68); Thence leaving the western right-of-way of said Pine Street and along the northern property line of said Piedmont Electric Repair Company, Inc. and the southern property lines of said City of High Point (Parcel No: 186825 and Parcel No: 186830) the following three (3) courses and distances: 1) S 53°59'05" W a total distance of 172.80 feet (passing through an existing 1/2" iron pipe at 165.21 feet) to an existing 1/2" iron pipe; 2) N 37°29'45" W 2.85 feet to an existing 1/2" iron pipe; 3) S 52023'40" W a total distance of 157.84 feet (passing through an existing 1/2" iron pipe at 7.51 feet to an existing 1/2" iron pipe at 108.13 feet, and being the southwest corner of said City of High Point (Parcel No: 186825) to an existing 1/2" iron pipe, said iron pipe being the northwest corner of said Piedmont Electric Repair Company, Inc., being the southwest corner of said City of High Point (Parcel No: 186830) and being located in the eastern right-of-way of North Lindsay Street (Public right-of-way varies); Thence leaving said Piedmont Electric Repair Company, Inc., and along said North Lindsay Street eastern right-of-way and said City of High Point (Parcel No: 186830) western property line the following three (3) course and distances: 1) N 37007'24" W a total distance of 209.69 feet (passing through an existing 1/2" iron pipe at 60.78 feet, an existing 1/2" iron pipe at 99.48 feet, and an existing 1/2" iron pipe at, 49.43 feet) to an existing 1/2" iron pipe; 2) S 52013'06" W 10.08 feet to an existing 1/2" iron pipe; 3) N 37°10'20" W a total distance of 129.70 feet (passing through an existing right-of-way disk at 69.95 feet) to an existing right-of-way disk, said right-of-way disk being the northwest corner of said City of High Point (Parcel No: 186830) and being the southwest corner of Peters Holdings, LLC, Parcel No: 186801 (Deed Book 7710, Page 2081, Deed Book 8143, Page 2055, and Plat Book 199, Page 129, Lot 1); Thence along the northern property line of said City of High Point (Parcel No: 186830) and the southern and eastern property line of said Peters Holdings, LLC the following four (4) courses and distances: 1) N 53°25'49" E 164.19 feet to an existing 1/2" iron pipe; 2) N 37°58' 18" W 10.74 feet to an existing 1/2" iron pipe; 3) N 53°22'55" E 7.55 feet to an existing 1/2" iron pipe; 4) N 36°37'44" W 5.28 feet to an existing 1/2" iron pipe; said iron pipe being a southeast corner of said Peters Holdings, LLC and being a point on the eastern property line of the City of High Pont, Parcel No: 186812 (Deed Book 8002, Page 1766 and Plat Book 200, Page 6, Lot "D"); Thence leaving said City of High Point (Parcel No: 186830) and along the eastern property line of said Peters Holdings, LLC and the western property line of said City of High Point (Parcel No: 186812), N 36°37'44" W 41.39 feet to an existing 1" iron pipe, said iron pipe being a point on the eastern property line of said Peters Holdings, LLC and a point on the western property line of said City of High Point (Parcel No: 186812) and being the southeast corner of a 15' Alley; Thence leaving said Peters Holdings, LLC and along the eastern line of said 15" Alley and the western property line of said City of High Point (Parcel No: 186812) the following two (2) courses and distances: 1) N 37°45' 19" W 222.63 feet to an existing 1/2" iron pipe; 2) N 37°37'42" W 152.45 feet to an existing drill hole in the concrete, said existing drill hole being located in the southern right-of-way of Gatewood Avenue (50' Public right-of-way, per Plat Book 2, Page 14), being the northeast corner of said 15' Alley, and being the northwest corner of said City of High Point (Parcel No: 186812); Thence leaving said 15' Alley and along the southern right-of-way of said Gatewood Avenue and the northern property line of said City of High Point (Parcel No: 186812) the following five (5) courses and distances: 1) N 54°27'56" E 165.03 feet to an existing 1/2" iron pipe; 2) N 53032'35" E 49.85 feet to an existing 1/2" iron pipe; 3) N 54°29'04" E 76.80 feet to an existing 1/2" iron pipe; 4) N 54'18'57" E 60.21 feet to an existing 1/2" iron pipe; 5) N 54°09'07" E 259.30 feet to an existing "X" mark in concrete, said "X" mark being the northeast corner of said City of High Point (Parcel No: 186812) and the northwest corner of Goldberg Family, LLC, Parcel No: High Point Multi-Stadium/21047-17-041/15Oct2020 186809 (Deed Book 7774, Page 1140 and Plat Book 149, Page 64, New Lot "A"); Thence leaving said Gatewood Avenue southern right-of-way and along the western and southern property lines of said Goldberg Family, LLC, the eastern property line of said City of High Point (Parcel No: 186812) and the northern property line of City of High Point, Parcel No: 186814 (Deed Book 8002, Page 1766, and Plat Book 200, Page 66, Lot "A") the following three (3) courses and distances: 1) S 35°03'49" E 143.09 feet to an existing PK Nail; 2) S 35°25'53" E 13.92 feet to an existing 1/2" iron pipe, said iron pipe being a point in the eastern property line of said City of High Point (Parcel No: 186812) and being the northwest corner of said City of High Point (Parcel No: 186814); 3) N 59'11'46" E 126.78 feet to an existing 1/2" iron pipe, said iron pipe being located in the western right-of-way of said North Elm Street; Thence leaving said Goldberg Family, LLC and along the western right-of-way of said North Elm Street and the eastern property lines of said City of High Point (Parcel No: 186814) and said 275 North Elm Partners, LLC the following six (6) courses and distances: 1) S 37°47'44" E 38.79 feet to an existing 1/2" iron pipe; 2) S 35°04'23" E 138.22 feet to an existing 1/2" iron pipe; 3) S 30°24'04" E 19.76 feet to an existing 1/2" iron pipe; 4) S 30°24'04" E 52.78 feet to an existing 1/2" iron pipe, said iron pipe being the southeast corner of said City of High Point (Parcel No: 186814); 5) N 54°41'47" E 6.28 feet to a new 1/2" iron pipe; 6) S 35°19' 12" E 101.99 feet to the Point of Beginning, Containing 11.22± Acres. High Point Multi-Stadium/21047-17-041/15Oct2020