22031_K Town Furniture_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2020Project:
Project Number:
Address:County:Property Owner (In part or whole)/Association:
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification.Attach any required or supplemental documentation,sign,
notarize and submit to the following address or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for baseball stadium, restaurant, brewery or food production facility, hotel, office, retail, high-density residential use,
recreational use, parking uses, and with prior written Department Environmental Quality(“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
“Baseball stadium” defined as venue with indoor and outdoor space (including areas of exposed soil and grass) for hosting baseball games and other entertainment events, and associated
vending, retail, sports training, and other entertainment-related uses;
“Restaurant” defined as a commercial business establishment that prepares and serves food and beverages to patrons.
“Brewery or Food Production Facility” 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.
“Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, pool, parking and on-site hospitality,
management and reception services.
“Office” defined as the provision of business or professional services.
“Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and
beverageproducts.
“High Density Residential” 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, and shall include related amenities,
such as pools, clubhouses, courtyards,common areas, recreation areas and parking garages.
“Recreational” 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.
“Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
“Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In complianceOut of compliance
Remarks:
Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for child care centers, adult care centers, or schools without the prior written approval ofDEQ.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and revised to DEQ's written
satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property,
the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in
any other form, including without limitation:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2;
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
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
No residential use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved
in advance in writing by DEQ, of any area within the Brownfields Property that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways,
unless otherwise approved in writing by DEQ in advance.
In complianceOut of compliance
Remarks:
Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received per LUR 5 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 LUR 1 above while fully protecting public health and the environment, except:
in connection with landscape planting to depths not exceeding 24”;

mowing and pruning of above-ground vegetation;
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;
in connection with maintenance of the playing field within the baseball stadium;
in connection to work conducted in accordance with a DEQ-approved EMP as outlined above in LUR 3.
In complianceOut of compliance
Remarks:
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 ofDEQ, unless conducted in
accordance with an approved EMP as outlined above in LUR 3; provided, however, that DEQ has approved the export of soil from the Brownfields Property as set forth in subparagraph 9.e
of the Agreement.
In complianceOut of compliance
Remarks:
No enclosed building may be constructed for residential use on the Brownfields Property, until DEQ determines in writing that:
the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on Brownfields Property assessment data or a site-specific
risk assessment approved in writing by DEQ; or
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
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 demonstratingperformance of said measures.
In complianceOut of compliance
Remarks:
As part of the Land Use Restriction Update described below in LUR 13 for each year after the year in which the Notice is recorded, for as long as physical redevelopment of the Brownfields
Property continues ( except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a
report subject to written DEQ approval on environment-related activities since the last report, with a summary anddrawings, that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to bePerformed above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis ofenvironmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
In complianceOut of compliance
Remarks:
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.
In complianceOut of compliance
Remarks:
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 ofBrownfields Property recorded in the Cabarrus County land records, Book13955, Page 106.” 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 conveying an interest 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.
In complianceOut of compliance
Remarks:
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.
In complianceOut of compliance
Remarks:
During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Cabarrus County, certifying that, as of said January 1st, the Notice ofBrownfields
Property containing these land use restrictions remains recorded at the Cabarrus County Register of Deeds office and that the land use restrictions are being complied with. The submitted
LURU shall state the following:
the name, mailing address, telephone number, and contact person's e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the
previous calendar year;

the transferee's name, mailing address, telephone number, and contact person's e-mailaddress, if said owner transferred any part of the Brownfields Property during the previous calendar
year; and
whether any vapor barrier and/or mitigation systems installed pursuant toLUR 8 above are performing as designed, and whether the uses of the ground floors of anybuildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
LURUs submitted for any portion of the Brownfields Property that contains rentalunits shall include a list of tenants and their addresses.
A LURU submitted for rental units shall include the rent roll and enough of each leaseentered into during the previous calendar year to demonstrate compliance with lessee notification
requirementsin LUR 11 and paragraph 21 of the agreement provided that if standard form leases are used inevery instance, a copy of such standard form lease may be sent in lieu of copies
of actual leases.
A property owners' association or other entity may perform this LURU's duties, onbehalf of some or all owners of the Brownfields Property, if said association or entity has acceptedresponsibility
for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at aminimum, the name, mailing address, telephone number, and e-mail address of each owner on
whose behalf theLURU is proposed to be submitted.
In complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, on this day of, 20.
Name typed or printed of party making certification: [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]By:__________________________
(signature)
Name typed or printed:
Title typed or printed:
COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: .Date: ___________________________________Official Signature of NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission
expires: