23062_Herri Brothers Coal and Ice_New PD Request_20210304

worn blebon ddickinson.com WO M B L E
BOND
DICKINSON
March 4, 2021
VIA Email
Ms. Jordan Thompson
North Carolina Department of Environmental Quality
Brownfields Program
1646 Mail Service Center
Raleigh, North Carolina 27699
Re: New Prospective Developer
315 E. 36t' Street, Charlotte, NC
Brownfields Project Number 23062-19-060
Dear Jordan:
Womble Bond Dickinson (US) LLP
One Wells Fargo Center
Suite 3500, 301 South College Street
Charlotte, NC 28202-6037
t: 704, 331.4900
f. 704,331.4955
Susan H. Cooper
Attorney
Direct Dial: 704-331-4948
Direct Fax: [phone]
E-mail:Susan. Cooper(d_)wbd-us.com
As discussed, Grubb Properties, LLC ("Grubb"), the original Prospective Developer for the above project,
has formed an affiliate, 36th Street Charlotte Apartments I, LLC (" 36th Street LLC"), which is now the
record owner of the Site, and desires for 36th Street LLC to redevelop the Site as originally submitted in
Grubb's application. This letter is on behalf of Grubb, who consents to 36th Street LLC being the
Prospective Developer, and on behalf of 36th Street, LLC, for its request to become the Prospective
Developer for this brownfields project.
As discussed, since the uses will remain the same as initially submitted, we understand this letter is
sufficient for the Brownfields Program to review 36th Street LLC's request to become the Prospective
Developer of the Site. Below is the required information on the Prospective Developer and updated
information on the property:
PD Information:
Entity Name: 36th Street Charlotte Apartments I, LLC
Entity Manager: Grubb Fund Management, LLC
Mailing Address: 4601 Park Road, Suite 450, Charlotte, NC 28209
Email Address: https://www.grubbproperties.com/contact-us/
Phone No.: 704-372-5616
Web site: https:Hgrubbproperties.com/
The rest of the information in section I. for Prospective Developer remains the same. There are no
changes to section 11 through IV other than are already provided in the draft brownfields agreement.
Section V information provided by 36th Street Charlotte Apartments I, LLC
A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary): See Section C. below
Womble Bond Dickinson (US) LLP is a member of Womble Bond Dickinson (International) Limited, which consists of independent and autonomous law firms
providing services in the US, the UK, and elsewhere around the world. Each Womble Bond Dickinson entity is a separate legal entity and is not responsible for the
acts or omissions of, nor can bind or obligate, another Womble Bond Dickinson entity. Womble Bond Dickinson (International) Limited does not practice law. Please
see www.womblebonddickinson.com/us/legal-notice for further details.

March 4, 2021
Page 2
CHOOSE AN ITEM. CLICK OR TAP HERE TO ENTER TEXT.
NAME Grubb Fund Management, LLC
PERCENT OF OWNERSHIP 100% owner of 36th Street Charlotte Apartments, LLC
MAILING ADDRESS 4601 Park Road, Suite 450, Charlotte, NC 28209
EMAIL ADDRESS https://www.grubbproperties.com/contact-us/
PHONE NUMBER 704-372-5616
FAX NUMBER Click or tap here to enter text.
B. Managers of manager -managed LLCs are required to execute all brownfield documents for the
LLC; as to member -managed LLCs, state name of member who will sign these documents.
Henry C. Lomax, Jr., Executive Managing Director of Grubb Management, LLC, is the authorized
signatory for 36th Street Charlotte Apartments I, LLC
C. List all parent companies, subsidiaries and other affiliates:
Grubb Properties, LLC (current PD) owns Grubb Management, LLC
Grubb Management, LLC is the manager of Grubb Fund Management, LLC
Grubb Fund Management, LLC is the manager and wholly owns
36t" Street Charlotte Apartments I, LLC
Property Ownership and Use
36t" Street LLC purchased the property on December 18, 2020. The only activities taken place on the
property by 36t" Street LLC are activities related to redevelopment in accordance with DEQ approval and
the DEQ approved EMP. To 36th Street LLC's knowledge, no regulated substances are used or stored at
the Property.
36th Street LLC has or has obtained the managerial and technical means to fully implement a
brownfields agreement and assure the safe use of the property. 36th Street LLC is continuing to use
Hart & Hickman as its environmental consultant, which assisted Grubb Properties, LLC on this project as
well.
Attached is the required affidavit regarding responsibility and compliance from 36t" Street LLC.
36th Street LLC has the financial means to implement a brownfields agreement and the confidential
balance sheet submitted to Ms. Shirley Liggins on December 27, 2019 demonstrates that 36t" Street LLC
and affiliates can financially support the Brownfields process.

March 4, 2021
Page 3
We appreciate your review of this request. Please let us know if you need any additional information.
Very truly yours,
Womble Bond Dickinson (US) LLP
Susan Cooper
Attorney
Cc via email and w/encl: Eric Applefield
Matt Bramblett
Bo Cappleman

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: 36th Street Charlotte Apartments I, LLC
UNDER THE
AUTHORITY OF
)
AFFIDAVIT
NORTH CAROLINA GENERAL
)
RE:RESPONSIBILITY
STATUTES 3130A-310.30,
et. seq.
)
AND COMPLIANCE
Henry C. Lomax, Jr., being duly sworn, hereby deposes and says:
I. I am the
2. I am fully authorized to make the declarations contained herein and to legally bind 36th
Street Charlotte Apartments I, LLC.
3. 36th Street Charlotte Apartments I, LLC is applying for a Brownfields Agreement with the
North Carolina Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article
9, Part 5 (Brownfields Act), in relation to the following 09111229, 09111230, 09111231,
09111232, 09111242, 09111243 parcel(s) in Charlotte, Mecklenburg ,County, North
Carolina: 315, 319, and 321 East 36th Street
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
36th Street Charlotte Apartments I, LLC, and any parent, subsidiary or other affiliate meets
the eligibility requirements ofN.C.G.S. 3 130A-310.3 l(b)(1 0), in that it has a bona fide,
demonstrable desire to develop or redevelop, and did not cause or contribute to the
contamination at, the parcel(s) cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
36th Street Charlotte Apartments I, LLC meets the eligibility requirement of N.C.G.S.
3130A-310.32(a)(1) in that it and any parent, subsidiary or other affiliate have
substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent,
subsidiary or other affiliate has been a parry;
b. the requirements applicable to any remediation in which it or any parent,
subsidiary or other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
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36tb STREET CHARLOTTE APARTMENTS I, LLC, a North Carolina limited liability
company
Title: Executive Managing Director
Date Click or tap here to enter text.
Becky C. Alcione
Notary Public
Sworn to and subscribed before me Mecklenburg County
North Carolina
this day of M Q f C � , 20 Z I . L88C
y ommission Expires 2/12/2022f .max
C. t C(0 ike� Notary Public
My commission expires: Z I • 2 L (SEAL)
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