18052_Gelco Trailer_Summit Avenue Bancorft_LURU21

NC BROWNFIELDS
LAND USE RESTRICTIONS ("LUR"> UPDATE
Year Certification Made: 2021
Name: Gelco Trailer Address: 1906 Bancroft Street
Project#: 18052-14-060 County: Mecklenburg
Property Owner (In part or whole): Summit Avenue Bancroft. LLC
Read the following LURs and mark each restriction accordingly. Additional remarks mav be added for
compliance status clarification. Attach anv required or supplemental documentation, sign, notarize and
submit to the following address:
NC Division of Waste Management
Attn: Brown fields Program Staff
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1: No use may be made of the Brownfields Property other than for industrial,
office, retail, multi-family residential, hotel, open space, institutional, and subject to the
Department of Environmental Quality's ("DEQ") written approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
a. "Industrial" defined as the assembly, fabrication, processing, warehousing, storage,
or distribution of goods or materials.
b. "Office" defined as the provision of business or professional services.
c. "Retail" defined as the sale or provision of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms,
personal service, and the preparation, service, and sales of food and beverage
products.
d. "Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
e. "Multi-Family Residential" defined as multi-unit human dwellings, such as
condominia or apartments. Single family homes, townhomes, duplexes, or other units
with yards are prohibited unless approved in writing by DEQ in advance.
f. "Hotel" defined as the provision of ovemight lodging to customers, and to associated
food services, gym, reservation, cleaning, utilities, parking and on-site hospitality,
management and reception services.
g. "Open Space" defined as land maintained in a natural or landscaped state and used
for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
h. "Institutional" defined as the use of land, buildings or structures for public, non-profit
or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities.
Gelco Trailer (#18052-14-060) LUR Update
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of any
violations of this land use restriction.
LUR 2: The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 3: The Brownfields Property may not be used for playgrounds, parks, or for
ground-contact sports of any kind, including, but not limited to, golf, soccer, and baseball, without
the prior written approval of DEQ.
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 4: Unless compliance with this LUR is waived in writing by DEQ in advance in
regard to a 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) or surface water 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 No. 1, above, while fully
protecting public health and the environment. Prior sampling and analysis of groundwater and
surface water 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- or surface water-related activities proposed may only
occur in compliance with any written conditions DEQ imposes. Activities 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 No. 1, above, while fully protecting public health and the
environment.
13 In compliance □ Out of compliance
Gelco Trailer (#18052-14-060) LUR Update
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of any
violations of this land use restriction.
LUR 5: 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 No. 1, above, while fully protecting public health
and the environment, except:
a. in connection with landscape planting to depths not exceeding 24";
b. mowing and pruning of above-ground vegetation;
c. 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
d. that is in accordance with an Environmental Management Plan ("EMP") as outlined
in LUR No. 11., below.
K! In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 6: 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 No. 11, below.
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 7: No enclosed building may be constructed and occupied on the Brownfields
Property, until DEQ determines in writing that:
a. 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
Gelco Trailer (#18052-14-060) LUR Update
b. 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
c. 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.
iEI In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 8: 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.
Kl In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 9: The portion of the fence serving as an access control barrier along the entire
bank of the intermittent drainage feature located in the southern portion of the Brownfields
Property, as depicted on the plat component of the Notice of Brownfields Property ("Notice"), oran improved or new access control barrier constructed of fencing and/or other material approved
by DEQ in writing in advance, shall be permanently maintained and annually inspected by the then
owner of the Brownfields Property.
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification unon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
Geico Trailer (#18052-14-060) LUR Update
LUR 10: Unless compliance with this LUR is waived in writing in advance by DEQ in
relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice will be completed in
accordance with applicable legal requirements, including without limitation those related to lead
and asbestos abatement that are administered by the Health Hazards Control Unit within the
Division of Public Health of the North Carolina Department of Health and Human Services.
lEI In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 11: Physical redevelopment of the Brownfields Property may not occur other thanin 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:
a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 of the
Brownfields Agreement ("Agreement", aka: Exhibit A);
c. 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
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.
In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 12: By January 31 of each year after the effective date of the Exhibit A 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:
Gelco Trailer (#18052-14-060) LUR Update
a. actions taken on the Brownfieids Property in accordance with Section V: Work to be
Performed of the Exhibit A;
b. soil grading and cut and fill actions;
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 Brownfieids Property (copies of all
legally required manifests shall be included).
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 13: Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfieids 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 Brownfieids 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 Brownfieids Property.
13 In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 14: Any deed or other instrument conveying an interest in the Brownfieids Property
shall contain the following notice: "This property is subject to the Brownfieids Agreement attached
as Exhibit A to the Notice of Brownfieids Property recorded in the Mecklenburg County land
records. Book 32147. Page 160." A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of the Exhibit A, though: (i) financial figures related to
the conveyance may be redacted; and (ii) such disclosure may be in accordance with the
confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent
applicable). The owner conveying an interest may use the following mechanisms to comply withthe obligations of this paragraph: (i) If every lease and rider is identical in form, DEQ may be
provided 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) of the Exhibit A; or (ii) abstracts of leases, rather than full copies of said leases,
may be provided to the persons listed in Section XV of the Exhibit A.
13 In compliance □ Out of compliance
Gelco Trailer (#18052-14-060) LUR Update
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 15: None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of the Exhibit A 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
a. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
b. as fuel or other fluids customarily used in vehicles, landscaping equipment, and
emergency generators;
c. as constituents in products and materials customarily used and stored in residential,
office, retail, hotel, and institutional environments, provided such products and
materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws; and
d. 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.
IE In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
LUR 16: 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 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 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 of the owner or board, association or approved entity submitting
the LURU if said owner or each of the owners on whose behalf the joint LURU is
submitted acquired any pant of the Brownfields Property during the previous calendar
year;
N/A.
Geico Trailer (#18052-14-060) LUR Update
b. 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;
Summit Avenue Bancroft. LLC did not transfer ownership of anv part of the
Brownfields Property during the previous calendar vear.
c. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint
LURU as well as for each of the owners on whose behalf the joint LURU is
submitted.
N/A.
d. LURUs submitted for any portion of the Brownfields Property that contains rental
units shall include a list of tenants and their addresses.
ModSnace. Inc.. 1200 Swedesford Road. Berwvn. PA 19312.
e. A LURU submitted for rental units shall include the rent roll and enough of each
lease entered into during the previous calendar year to demonstrate compliance with
lessee notification requirements in LUR No. 14, above, and paragraph 21 of the
Exhibit A provided that if standard form leases are used in every instance, a copy of
such standard form lease may be sent in lieu of copies of actual leases.
No new leases have been entered into during the previous calendar vear.
Kl In compliance □ Out of compliance
Remarks: Summit Avenue Bancroft. LLC makes this certification upon its best information and
belief after reasonable investigation. Summit Avenue Bancroft. LLC has no knowledge of anv
violations of this land use restriction.
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 Summit Avenue Bancroft. LLC, owner of atleast part of the Brownfields Property on this 3^6 day of January, 2021.
Name typed or printed of party making certification: Summit Avenue Bancroft. LLC
Gelco Trailer (#18052-14-060) LUR Update
[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]
Summ
Name
^ ^floature)
D. Browder^or printed: Matthew
Title typed or printed: Manager of Browder Group Real
Estate, LLC, the Manager of Summit Avenue Bancroft,
LLC
NORTH CAROLINA
[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: fAaUWv/ T). browirW'ir
Date:
(Official Seal)
' Official Signature of Notary
Amar\<I<^ fenMnniglc.
Notary's printed or typed name. Notary Public
My commission expires: 9-'
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