18050_Cenco Products_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 office, transit, distribution, warehousing, container yard and depot operations, limited truck, equipment, and container
maintenance and repairs, container sales, intermodal transportation services, associated parking, and with prior written approval from the Department of Environmental Quality(“DEQ”),
other commercial uses. For purposes of this restriction, the following definitions apply:
“Office” is defined as the provision of business or professional services.
“Transit” is defined as a station or stop for the carrying of people, goods, or materials from one place to another. 
“Distribution” is defined as the packaging, transportation, and delivery of goods to customers.
“Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers
to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity.
“Container yard” is defined as a facility at which shipping containers are accepted for storage and loading onto their selected mode of transportation, and for storage of empty containers.
“Depot operations” is defined as a facility that receives, segregates, inspects, stores, and/or distributes goods for delivery to customers.
“Limited truck, equipment, and container maintenance and repair” is defined as light maintenance and repair of trucks, chassis, onsite equipment, and shipping containers, including welding,
electrical repair, tire changes, and other minor vehicular components subject to the terms of subparagraph 16.o. below.
“Container sales” is defined as the sale of new or used shipping or other containers to customers.
“Intermodal transportation services” is defined as the facilitation of the shipping of various types of cargo by more than one transportation mode for delivery to the customer.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. 
“Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. 
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for residential purposes nor for child care, adult care centers, or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, 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:  
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 to the Agreement; 
contingency plans for addressing, including without limitation the testing of soil, groundwater, sub-slab vapor, soil gas, and newly discovered potential sources of environmental contamination
(e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination), and final grade sampling; and 
plans for the proper characterization of and, as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
By January 31st after each one-year anniversary of the effective date of the Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes: 
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above;  
soil grading and cut and fill actions; 
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental 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:
Surface water at the Brownfields Property may not be used for any purpose other than in connection with legally compliant storm water collection and reuse techniques without the prior
written approval of DEQ.   
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:
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 inches; 
ii. 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; or 
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in LUR 3.
In complianceOut of compliance
Remarks:

No disturbance of soils below the demarcation fabric in the “Area of Soil Contamination” on the Brownfields Property as delineated on the plat component of the Notice of Brownfields
Property described in paragraph 21 of the Agreement may occur, except pursuant to an approved EMP as described in LUR 3 above. The demarcation fabric in the “Area of Soil Contamination”
shall be covered and maintained with (i) six inches of gravel, or (ii) such other cover as DEQ approves in writing.
In complianceOut of compliance
Remarks:
Until it is demonstrated to DEQ’s written satisfaction that it will not increase the risk of mobilization of sub-slab contaminants into groundwater and that the public health and environment
will be protected from the risk of contaminant migration via groundwater, no floor slab of any Existing Building may be removed from its current location, except 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. The term “Existing Building” is any building shown on the plat
component of the Notice of Brownfields Property referenced in Paragraph 21 filed contemporaneously with the Agreement.
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 of DEQ, unless conducted in
accordance with an approved EMP as outlined in LUR 3. 
In complianceOut of compliance
Remarks:
Except for the Existing Buildings as delineated on the plat component of the Notice of Brownfields Property, no enclosed building may be constructed on the Brownfields Property nor occupied
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 site assessment data or a site-specific risk assessment
approved in writing by DEQ;
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 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.
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 of Brownfields Property recorded in the Mecklenburg County land records, Book 34786, Page 67.”  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 paragraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases,
rather than full copies of said leases, to the persons listed in Section XV.   
In complianceOut of compliance
Remarks:
Unless approved by DEQ in writing in advance, storage of fuels or waste oils in underground storage tanks (USTs) is prohibited at the Brownfields Property.
In complianceOut of compliance
Remarks:
Unless consent is obtained in advance from DEQ in writing, all limited truck, equipment, and container maintenance and repair as defined in LUR 1.g (“LTECMR”) shall occur only in the

“Operational Area” on the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property described in paragraph 21 below. Any LTECMR in the Operational
Area shall not use chlorobenzene, 1,3-dichlorobenzene, 1,4-dichlorobenzene, 1,2,4-trichlorobenzene, tetrachloroethylene, trichloroethylene, cis-1,2-dichloroethene, trans-1,2-dichloroethene,
1,1-dichloroethane, vinyl chloride, trichlorofluoromethane, nor methylene chloride (individually and collectively, the “Chlorinated Compounds”). Within the Operational Area, DEQ’s Covenant
Not to Sue described in Section IX of the Brownfields Agreement is LIMITED solely to Chlorinated Compounds (as defined above) present in soil, soil gas, sub-slab vapor, groundwater,
and surface water indicated in Exhibit 2 to the Agreement at the Brownfields Property, and any constituents arising from the degradation thereof; this limitation does not affect the
application of DEQ’s Covenant Not to Sue in Section IX to any part of the Brownfields Property outside of the Operational Area.
In complianceOut of compliance
Remarks:
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the 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: 
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;  
as constituents of fuels, lubricants and oils in 1) emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment, machinery, or vehicles, or 2)
in flammable liquid storage containers totaling no more than 25 gallons;  
for limited minor truck, equipment, or container maintenance and repair as defined in LUR 1.g above in compliance with applicable law and in compliance with LUR 15 above;
in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields
Property in the original packaging or containers, except that pre-packaged items may be transferred between shipping containers as long as such products or materials remain in their
original packaging; or
as constituents of products and materials customarily used and stored in warehousing and office environments, provided such products and materials are stored in original retail packaging
and used, stored, and disposed of in accordance with applicable laws.
In complianceOut of compliance
Remarks:
With the exception of work conducted in accordance with paragraph 15 of the Agreement, 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 LUR is waived in writing by DEQ in advance.  
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for ground-contact sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval
of DEQ. 
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for kennels, private animal pens or horse-riding unless approved in writing in advance by DEQ. 
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ. 
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 Mecklenburg County, certifying that, as of said January 1st, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied
with. The submitted LURU shall state the following: 
the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner or approved entity submitting the LURU if said owner or each of the owners
on whose behalf the joint LURU is submitted acquired any part of the Brownfields Property during the previous calendar year; 
the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner or each of the owners on whose behalf the joint LURU is submitted
transferred any part of the Brownfields Property during the previous calendar year; 
whether the cover (hardscape materials, clean soil, stone) required by LUR 8 above is being inspected and maintained to prevent erosion of said cover and/or human exposure to contaminated
soil or other media;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 11.c 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
whether any changes to the LTECMR activities pursuant to LUR 15 above have occurred, and if so, how.
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: