21015_Five Points Gateway_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] use may be made of the Brownfields Property other than office, retail, hotel, governmental, institutional, parking, open space, and with prior written
Department of Environmental Quality(“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply:
“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
beverage products;
“Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management
and reception services;“Governmental” refers to uses related to the administration of governmental and municipal functions, including without limitation municipal and administrative
offices, fire departments and other governmental services;
“Institutional” refers to the use of land, buildings or structures for public, civic, non-profit or quasi-public purposes, such as libraries, senior community centers, post-secondary
education facilities, laboratories and similar research facilities, museums, galleries, performance or spaces;
“Parking” defined as the temporary accommodation of motor vehicles in an area designed for same;
“Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater; and
“Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In complianceOut of compliance
Remarks:
Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater
(for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure
the Brownfields Property will be suitable for the uses specified in LUR 1. above while fully protecting public health and the environment. Unless DEQ otherwise agrees, prior sampling
and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required.  If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for child care centers, adult care centers, primary schools, residential uses, hospitals or dry cleaners 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”;
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 and;
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined below in LUR 8.
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 below in LUR 8.
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:
No enclosed building may be constructed 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 site 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 installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional
seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall
be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance
of said measures.
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:
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 Union County land records, Book 7780, Page 887.” A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret
provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations of this 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:
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, oils, and other similar fluids in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
as constituents of products and materials customarily used and stored in industrial, office, retail, governmental, institutional, parking, warehousing environments, and with prior DEQ
written approval, in other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable
laws; and
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 their original packaging or containers.
In complianceOut of compliance
Remarks:
Within 60 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other manmade 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 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 Union County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Union County Register of Deeds office and that the land use restrictions are being complied with, and stating:
the name, mailing address, telephone and facsimile numbers, 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 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;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 7. above are performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.

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: