17038_Goodyear Service_601 South Tryon_LURU21

 
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Active_140158748_1_Tryon Place LURU 2020 - 601 South Tryon LLC.pdf
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www.docverify.com ECFE002AF924 DE
LAE
SD
OCVE R IF YE-Signature 1: Brendan Pierce (BP)
January 28, 2021 11:43:27 -8:00 [10C7D87DB38A] [66.129.118.228]
[e-mail] (Principal) (Personally Known)
E-Signature Summary
E-Signature Notary: Teri A. Edwards (TAE)
January 28, 2021 11:43:27 -8:00 [A74D4F5EB789] [98.121.237.143]
[e-mail]
I, Teri A. Edwards, did witness the participants named above electronically
sign this document.DE
LAE
SD
OCVE R IF Y
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2021 (for reporting year 2020) Name: Former Goodyear Service Center Project #: 17038-13-060
Address: 615 South Tryon Street and
100 & 122 East Stonewall Street County: Mecklenburg
Property Owner (In part or whole): 601 South Tryon, LLC
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: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1: No use may be made of the Brownfields Property other than retail, hotel, office,
open space, parking, multi-family residential and, if the Department of Environmental Quality
(“DEQ”) issues prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: a. “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 sales of food and beverage products; b. “Hotel” is defined as the provision of overnight lodging to customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services;
c. “Office” is defined as the provision of business or professional services; d. “Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater; e. “Parking” is defined as the temporary accommodation of motor vehicles in an area
designed for same; f. “Multi-Family Residential” refers to and includes multi-unit human dwellings, such as duplexes, triplexes, quadriplexes, condominia, or apartments. Single family homes and townhomes are prohibited unless waived in writing by DEQ in advance; and
g. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
☒ In compliance ☐ Out of compliance

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Remarks: 601 South Tryon, LLC (“601 South Tryon”) makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan.
601 South Tryon has no knowledge of any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 2: No residential use may be made of the ground level of the Brownfields Property, unless DEQ agrees otherwise in advance and in writing. Anyone proposing a residential use of the ground level shall conduct, to DEQ's written satisfaction, any and all environmental assessment activities, including without limitation soil gas sampling, that DEQ requires to determine whether the ground level of the Brownfields Property is then suitable for the proposed residential use, and
shall install, at DEQ's behest and to DEQ's written satisfaction, a passive and/or active contaminant vapor mitigation system.
☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance
with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of
any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns. LUR 3: Child care centers or adult care centers or schools are prohibited without prior
written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon has no knowledge of any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 4: 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, if applicable) 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:
a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
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b. issues related to potential sources of contamination referenced in Exhibit A in paragraphs 7 and 8, and Exhibit 2 to the Brownfields Agreement (“Agreement”); and
c. contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields).
☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance
with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of
any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 5: After the conclusion of the redevelopment period referenced in LUR 4., as determined by DEQ, 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 above while fully protecting public health
and the environment, except: a. in connection with mowing and pruning of above-ground vegetation; b. for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than
the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; or, c. in accordance with the EMP outlined in LUR 4.
☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance
with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 6: By January 31 of each year after the completion 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: a. actions taken in accordance with the EMP required by LUR 4; b. soil grading and cut and fill actions;
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c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; d. 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 e. 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 compliance ☐ Out of compliance

Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan. A summary report will be submitted to the Brownfields Program under separate cover. 601 South Tryon has no knowledge of any
violations of this land use restriction on the portion of the Brownfields Property that 601 South
Tryon owns. LUR 7: Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.

☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after
reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 8: None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Agreement, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
a. in de minimis amounts for cleaning and other routine housekeeping activities; b. as constituents of fuels, lubricants and oils 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; and
c. in constituents of products customarily used or offered for sale in retail environments, provided such products and materials are used, stored in original retail packaging and disposed of in accordance with applicable laws.
☒ In compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance
with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of
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any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 9: The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged 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 compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of
any violations of this land use restriction on the portion of the Brownfields Property that 601
South Tryon owns.
LUR 10: 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 compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after
reasonable investigation. 601 South Tryon has no knowledge of any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 11: 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, and stating: a. 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;
N/A b. 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; and
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N/A c. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 2 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 compliance ☐ Out of compliance
Remarks: 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance
with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of
any violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
LUR 12: Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 3143, Page 48.” A copy of any such instrument shall be sent to the persons listed in Exhibit A Section XV (Notices and Submissions),
though financial figures related to the conveyance may be redacted.
☒ In compliance ☐ Out of compliance
Remarks: [NOTE TO BROWNFIELDS: The correct book reference is “31213.”] 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of any
violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns. LUR 13: 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 persons listed in Exhibit A Section XV (Notice and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Exhibit A Section XV.
☒ In compliance ☐ Out of compliance
Remarks: [NOTE TO BROWNFIELDS: There is no LUR 13 in the Brownfields Agreement or
the Notice of Brownfields Property for this site. This appears to be the second half of LUR 12. 601 South Tryon will certify compliance, however, as if it were a separate LUR.] 601 South Tryon makes this certification upon its best information and belief after reasonable investigation. 601 South Tryon is conducting redevelopment activities in accordance with a DEQ-approved Environmental Management Plan. 601 South Tryon has no knowledge of any
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violations of this land use restriction on the portion of the Brownfields Property that 601 South Tryon owns.
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that
the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of
Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by 601 South Tryon, LLC, owner of at least part of the Brownfields Property on this ___ day of January, 2021.
Name typed or printed of party making certification: 601 South Tryon, LLC, by its Manager, Crescent Communities, LLC [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]
By: __________________________ (signature) Name typed or printed: Brendan Pierce
Title typed or printed: Senior Managing Director of Crescent Communities, LLC, Manager of 601 South Tryon, LLC
NORTH CAROLINA Mecklenburg 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: Brendan Pierce, Senior Managing Director of Crescent Communities, LLC, Manager of 601 South Tryon, LLC
Date: ____________ ___________________________________ Official Signature of Notary Teri A. Edwards
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: 5/7/2025
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10C7D87DB38A
Signed on 2021/01/28 11:43:27 -8:00
Brendan Pierce
DocVerifyTeri A. Edwards
Electronic Notary Public - North Carolina
Mecklenburg County
My Commission Expires May 07, 2025
A74D4F5EB789Notary Stamp 2021/01/28 12:43:27 PST
01/28/2021 A74D4F5EB789
Signed on 2021/01/28 11:43:27 -8:00
Teri A. Edwards