24030_General Baptist SC_PCPKG_20210721

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: General Baptist State Convention
Brownfields Project Number: 24030-20-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfelds project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than July 30, 2021 and will end no sooner than the later
of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
General Baptist State Convention/2403 0-20-092/2 1 Jul 2021
1

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: General Baptist State Convention
Brownfields Project Number: 24030-20-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North
Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to
NCGS § 130A-310.34, Narsi Development Raleigh, LLC, as Prospective Developer, has filed with the
North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a
Brownfields Property ("Property") located at 603 S. Wilmington Street, and 112 & 114 E. Lenoir Street,
Raleigh, Wake County. The Brownfields Property, which is the former site of the offices of the General
Baptist State Convention, a former automotive repair operation, and two residences, consists of 0.51
acres. Environmental contamination exists on the Brownfields Property in soil, groundwater, and soil
gas. Narsi Development Raleigh, LLC has committed itself to redevelop the Brownfields Property for
no uses other than an extended stay and traditional hotel, office, retail, restaurant, surface level parking
uses, and subject to DEQ's prior written approval, other commercial uses The Notice of Intent to
Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
Narsi Development Raleigh, LLC, which in turn includes (a) a map showing the location of the Property,
(b) a description of the contaminants involved and their concentrations in the media of the Property, (c)
the above -stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the
DEQ public record database, Laserfiche, by entering the project number 24030-20-092 into the search
bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=O&repo=WasteManagement
The "Act" requires a public comment period of at least 30 days. The first day of public comment
is defined as the day after which all of the following public notice tasks have occurred: the date this
Notice is: (1) published in a newspaper of general circulation serving the area in which the Brownfields
Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered
to each owner of property contiguous to the Brownfields Property. Written public comments may be
submitted to DEQ within 30 days after the public comment period begins. Written requests for a public
meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods
will start no sooner than July 30, 2021 and will end no sooner than the later of. 1) 30 and 21 days,
respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3)
above -referenced tasks, if such completion occurs later than the date stated herein. All public comments
and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
General Baptist State Convention/24030-20-092/21Jul2021

Property Owner: Narsi Development Raleigh, LLC and General Baptist State Convention
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: General Baptist State Convention
Brownfields Project Number: 24030-20-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2021 by Narsi
Development Raleigh, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 603 S. Wilmington Street, and 112 and 114 E.
Lenoir Street, Raleigh, Wake County. It is comprised of three parcels totaling 0.51 acres. The
two E. Lenoir Street parcels are owned by the Prospective Developer, but the parcel at 603 S.
Wilmington Street is owned by the General Baptist State Convention. The Brownfields Property
General Baptist State Convention/24030-20-092/16Jul2021

was previously used as office space for the General Baptist State Convention, a former automotive
repair operation, and two residences. The Prospective Developer has committed to no uses other
than as a 13-floor, extended stay and traditional hotel, office, retail, restaurant, and parking uses,
and subject to DEQ's prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for an extended stay and
traditional hotel, office, retail, restaurant, and parking uses, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
N
General Baptist State Convention/24030-20-092/16Jul2021

i. "Hotel" is 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.
ii. "Office" is defined as a place where business or professional services are
provided.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, farmer's
markets, food festivals, and the sales of food and beverage products, including from mobile
establishments such as food trucks.
iv. "Restaurant" is defined as a commercial business establishment that prepares
and serves food and beverages, including alcoholic beverages under all applicable local, state,
and federal regulations, to patrons.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee.
b. 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:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. 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
iv. plans for the proper characterization and DEQ approval of both fill soil before
import to the Brownfields Property and the disposition of excavated soil during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this 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
General Baptist State Convention/24030-20-092/16Jul2021

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:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. 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
v. 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).
d. Unless compliance with this Land Use Restriction 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 referenced in paragraph
16 below shall be 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.
e. Not later than completion of redevelopment, the suspected heating oil UST described
above in paragraph 3, if encountered during demolition or construction activities, shall be
removed and addressed to the written satisfaction of DEQ.
f. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while
fully protecting public health and the environment. Should groundwater be encountered or
exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined above in subparagraph 12.b., or a plan approved in writing in
advance by DEQ.
g. 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 12.a. above while fully protecting public health
and the environment, except:
General Baptist State Convention/24030-20-092/16Jul2021

i. in connection with landscape planting to depths not exceeding 30 inches;
ii. mowing and pruning of above -ground vegetation;
iii. 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
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
h. 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 above in subparagraph 12.b.
i. 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.
j. 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, the owner 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.
k. 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 Wake County land records,
Book , Page " A copy of any such instrument shall be sent to the persons listed
in Section XVII (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 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 XVII (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 XVII.
1. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
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General Baptist State Convention/24030-20-092/16Jul2021

Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. 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
iii. as constituents of products and materials customarily used and stored in
extended stay and traditional hotel, office, retail, restaurant, and parking lot environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws.
in. During January of each year after the year in which the Notice referenced below in
paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Wake County Register of Deeds office and that the land use restrictions are being
complied with. If the property is transferred, the grantor shall submit a LURU (as outlined
above) which covers the period of time they owned the property. The submitted LURU shall
state the following:
i. the Brownfields Property address, and the name, mailing address, telephone
number, and contact person's e-mail address of the owner, or board, association or approved
entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU
is submitted, acquired any part of the Brownfields Property during the previous calendar
year; and
ii. the transferee's name, mailing address, telephone number, and contact person's
e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
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jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 2021.
Un
NORTH CAROLINA
COUNTY
Narsi Development Raleigh, LLC
Deven Patel
Manager
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 Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
General Baptist State Convention
By:
Tony Barr Date
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:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
General Baptist State Convention/24030-20-092/16Jul2021

APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Michael E. Scott Date
Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Narsi Development Raleigh, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project No. 24030-20-092
INTRODUCTION
BROWNFIELDS AGREEMENT re:
General Baptist State Convention
603 S. Wilmington Street, and
112 & 114 E. Lenoir Street
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Narsi Development Raleigh, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et sue. (the "Act") for the property located at 603 S. Wilmington Street, and 112
and 114 E. Lenoir Street, Raleigh, North Carolina (the `Brownfields Property"). A map showing
the location of the Brownfields Property that is the subject of this Agreement is attached hereto
as Exhibit 1.
The Prospective Developer is Narsi Development Raleigh, LLC, a North Carolina limited
liability company with its headquarters located at 10020 Sellona Street, Suite 100, Raleigh,
North Carolina. Its manager is Deven Patel of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
General Baptist State Convention/24030-20-092/16Jul2021

potential liability of Narsi Development Raleigh, LLC for contaminants at the Brownfields
Property.
The Parties agree that Narsi Development Raleigh, LLC's entry into this Agreement, and
the actions undertaken by Narsi Development Raleigh, LLC in accordance with the Agreement,
do not constitute an admission of any liability by Narsi Development Raleigh, LLC for
contaminants at the Brownfields Property. The resolution of this potential liability, in exchange
for the benefit Narsi Development Raleigh, LLC shall provide to DEQ, is in the public interest.
IL DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Narsi Development Raleigh, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
presents data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
1 - 603 S. Wilmington Street (1703763353)
2 - 112 E. Lenoir Street (1703764322)
IDs
3 - 114 E. Lenoir Street 1703764352
Acreage
Total acreage: 0.51: 0.33 (1), 0.08 (2), 0.1 3
2
General Baptist State Convention/24030-20-092/16Jul2021

BROWNFIELDS PROPERTY INFORMATION SUMMARY
1 — General Baptist State Convention
Current Property Owner
2 — Narsi Development Raleigh, LLC
3 — Narsi Development Raleigh, LLC
Current Land Uses
Religious organization offices, surface parking lot
Site Vicinity Land Use(s)
Mix of residential and commercial development since the
early 1900s.
13-floor, extended stay and traditional hotel, office, retail,
Proposed Reuse(s)
restaurant, and parking uses, and subject to DEQ's prior
written approval, other commercial uses.
Creation of temporary construction jobs and permanent
Public Benefits of Reuse
commercial and hospitality jobs, spur to additional
community investment, increased tax base.
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Primarily commercial office, but early to mid- 1900s
automotive repair conducted in the central area of the
Brownfields Property. Heating oil underground storage tank
Historical Operations &
(UST) suspected at the office building. Petroleum release
Contaminant Sources
from an unregulated noncommercial UST on 114 E. Lenoir St
parcel identified in June 2005 (Incident No. 33572) classified
as low risk and No Further Action letter submitted September
2008.
Current Operations/Activities
General Baptist State Convention offices occupied/surface
parking lot
Soil: Only arsenic exceeded its Industrial/Commercial
Preliminary Soil Remediation Goal (PSRG) in one sample.
Volatile organic compounds (VOCs) and semi -volatile
organic compounds (SVOCs) were not detected in soil above
their respective PSRGs.
Groundwater: Lead exceeded its NC 2L groundwater
Contaminated Media
standard in one temporary monitoring well, TMW-1. VOCs
and SVOCs were not detected in groundwater above their
respective NC 2Ls.
Exterior Soil Gas: Benzyl chloride and ethylbenzene were
detected in excess of their January 2021 Non -Residential
Vapor Intrusion Screening Levels (VISLs). Trichloroethylene
(TCE), benzene, and other VOCs were detected in soil gas
General Baptist State Convention/24030-20-092/16Jul2021

ENVIRONMENTAL INFORMATION SUMMARY
sample SGP-1, located in the area of the former automotive
repair shop, but at concentrations below their respective Non -
Residential VISLs. Detections of ethanol, 4-ethyltoluene, and
trichlorofluoromethane are noted, but these compounds do not
have an established VISL.
Sub -Slab Vapor: VOCs were detected in the two sub -slab
vapor samples, SSGP-1 & SSGP-2, including benzene,
ethylbenzene, tetrachlorethylene (PCE), and xylenes, but at
concentrations that do not exceed their respective Non -
Residential VISLs.
ID Numbers/Permits
DEQ UST Section Incident No. 33572
Onsite Receptors Considered
Construction workers, on -site workers, future occupants,
visitors, and trespassers
i. Water supply wells: none reported within 1,500 ft
Potential Offsite Receptors
ii. Surrounded by residential, commercial, and institutional
Considered
structures.
iii. Surface water: Chavis Branch is located about 2,000 feet
southeast of the Brownfields Property
Potential offsite migration
Groundwater: No identified uses downgradient.
pathways
Soil Vapor: No known issues at the time of assessment.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to those that the Prospective Developer
obtained or commissioned regarding the Brownfields Property:
Title
Prepared by
Date of Report
Brownfields Assessment Report, General Baptist
Stare Convention Property, 603 South Wilmington
Hart & Hickman, PC
February 18, 2021
Street and 112 and 114 East Lenoir Street,
Raleigh, North Carolina
Phase I ESA, South Wilmington Street Hotel, 603
South Wilmington Street and 112 and 114 East
Hart & Hickman, PC
May 5, 2020
Lenoir Street, Raleigh, North Carolina
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IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated May 22, 2020 and the
following:
a. On July 29, 2016, Prospective Developer purchased the 112 E. Lenoir Street
and the 114 E. Lenoir Street parcels of the Brownfields Property;
b. On October 15, 2014, Prospective Developer contracted to purchase the 603 S.
Wilmington Street parcel of the Brownfields Property; and
c. In 2017, Prospective Developer relocated two residential structures from the
112 E. Lenoir Street and the 114 E. Lenoir Street parcels of the Brownfields Property to
Bloodworth Street.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
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the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 200 to 250 construction jobs and approximately
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50 to 60 full-time jobs after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional hotel, office, retail, restaurant, and parking space, and subject to
DEQ's prior written approval, other commercial uses for the area; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
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Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.b. below.
VIL LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for an extended
stay and traditional hotel, office, retail, restaurant, and parking uses, and subject to DEQ's prior
written approval, other commercial uses. For purposes of this restriction, the following
definitions apply:
i. "Hotel" is 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.
ii. "Office" is defined as a place where business or professional
services are provided.
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iii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal
service, farmer's markets, food festivals, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iv. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
v. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. 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:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
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iii. 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
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
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:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. 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
v. removal of any contaminated soil, water or other contaminated
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materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction 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 referenced
in paragraph 16 below shall be 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.
e. Not later than completion of redevelopment, the suspected heating oil UST
described above in paragraph 3, if encountered during demolition or construction activities, shall
be removed and addressed to the written satisfaction of DEQ.
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined above in subparagraph 12.b., or a plan
approved in writing in advance by DEQ.
g. 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
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will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 30 inches;
iimowing and pruning of above -ground vegetation;
iii. 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
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
h. 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 above in subparagraph 12.b.
i. 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.
j. 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, the owner 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
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Restriction is waived in writing by DEQ in advance.
k. 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 Wake County land
records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (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
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
XVII (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 XVII.
1. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this 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:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
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ii. 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
iii. as constituents of products and materials customarily used and stored
in extended stay and traditional hotel, office, retail, restaurant, and parking lot environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws.
in. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose
behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the
previous calendar year; and
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ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIIL ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
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DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, 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 Wake
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (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. Prospective Developer may use the following mechanisms to comply with the obligations
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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 Section XVII (Notices
and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within 30 days of the effective date
of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 3 La. below
of any such required notification.
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X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated May 22, 2020, by which it applied for this
Agreement. That use is that which is provided above in subparagraph 12.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
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g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
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Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
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subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
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Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Deven Patel, Manager
Narsi Development Raleigh, LLC
10020 Sellona Street, Suite 100
Raleigh, NC 27617
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIIL EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
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XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Parry agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Browniields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
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approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
Narsi Development Raleigh, LLC
By:
Deven Patel
Manager
25
General Baptist State Convention/24030-20-092/16Jul2021
Date

EXHIBIT I
I.
o 600
AN
APPROXIMATE TITLE
N 0 2000 4000 SITE LOCATION MAP
PROJECT GENERAL BAPTIST STATE CONVENTION PROPERTY
SCALE IN FEET 603 S. WILMINGTION STREET AND
112 & 114 E. LENOIR STREET
RALEIGH, NORTH CAROLINA
U.S.G.S. QUADRANGLE MAP 3921 Sunset Ridge Road, Ste.301
hart h i c k m a n Raleigh, North Carolina 27607
919-847-4241 (p) 919-847-4261 (0
RALEIGH WEST, NORTH CAROLINA 2002 SMARTER ENVIRONMENTAL SOLUTIONS License #C-1269/#C-245Geology
QUADRANGLE DATE: 10-05-2020 REVISION NO: 0
7.5 MINUTE SERIES (TOPOGRAPHIC) JOB NO: NAP-001 FIGURE NO: 1

Exhibit 2
Brownfields Property Name: General Baptist State Convention
Brownfields Project Number: 24030-20-092
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 26, 2020. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and standards are shown for reference only and are not set forth as
cleanup or mitigation levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2013 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
W/L)
Standard (µg/L)
Lead
TMW-1
8/25/2020
22
15
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(January 2021 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Industrial
Contaminant
Location
(ft)
Sampling
Screening
Level
Screening
Level (mg/kg)
(mg/kg)
Arsenic
BG-1
1-2
1 8/25/2020
7.61
3.0
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
General Baptist State Convention/24030-20-092/12Jul2021

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2021 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit3
/m
Benz 1 Chloride
DUP-SGP
8/26/2020
31.3
25
Ethanol
SSGP-1
8/26/2020
97.2
NE
SSGP-2
8/26/2020
52.4
SGP-1
8/26/2020
25.9
DUP-SGP
8/26/2020
32
SGP-2
8/26/2020
16.2
SGP-3
8/26/2020
18.2
Ethylbenzene
SGP-1
8/26/2020
525
490
DUP-SGP
8/26/2020
491
SGP-3
8/26/2020
507
4-Ethyltoluene
SGP-1
8/26/2020
226
NE
DUP-SGP
8/26/2020
200
SGP-2
8/26/2020
8.84
SGP-3
8/26/2020
33.5
Trichlorofluoromethane
SGP-1
8/26/2020
5.15J
NE
DUP-SGP
8/26/2020
5.12J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE — No screening level established
J — Estimated value between the method detection limit and the laboratory reporting limit
General Baptist State Convention/24030-20-092/12Jul2021
2

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N /F I
CITY OF RALEIGH
PIN:1703760380
0 FAYETTEVILLE ST. I
D.B. 2326, PG.317
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SURVEYORS CERTIFICATE
BROWNFIELDS DESCRIPTION
I, RONALD T. FREDERICK, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF
NORTH CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION BEGINNING AT AN IRON PIPE AT THE INTERSECTION OF THE EASTERN RIGHT OF WAY OF SOUTH
FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON DECEMBER 4, 2017 ������������ WILMINGTON STREET AND THE SOUTHERN RIGHT OF WAY OF EAST LENOIR STREET, THE POINT OF
USING THE REFERENCES SHOWN HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY ��� `� CARge�� BEGINNING; THENCE WITH THE SOUTHERN RIGHT OF WAY OF EAST LENOIR STREET SOUTH
INDICATED AS DRAWN FROM INFORMATION FOUND IN THE REFERENCES SHOWN HEREON; THAT THE •••���0*� SS%•••. �•• 87°34'27" EAST A DISTANCE OF 210.53 FEET TO AN IRON PIPE, THE NORTHWEST CORNER OF THE
RATIO OF PRECISION AS CALCULATED IS 1:48.900+; THAT THIS MAP WAS PREPARED IN • �•
• �: .9 •. MCDONALDS PARCEL, AS SHOWN ON BOOK OF MAPS 2011, PAGE 938 OF THE WAKE COUNTY
ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTES 47-30, AS AMENDED. • •
Q s < ; REGISTRY; THENCE LEAVING THE SAID RIGHT OF WAY AND WITH SAID MCDONALDS PARCEL SOUTH
1 HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: L 20 02°40'21" WEST A DISTANCE OF 104.44 FEET TO AN IRON PIPE; THENCE NORTH 87°43'37" WEST
G.S. 47-30 f 11 c 1 . THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND !. ;< � : 0. A DISTANCE OF 209.80 FEET TO AN IRON PIPE ON THE EASTERN RIGHT OF WAY OF SOUTH
DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. ••. F,�.• �• WILMINGTON STREET; THENCE WITH SAID RIGHT OF WAY NORTH 02°16'23" EAST A DISTANCE OF
• 0000000 ��'��� 105.00 FEET TO THE POINT OF BEGINNING; CONTAINING 22,009 SQUARE FEET OR 0.51 ACRES.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS DAY OF 2021
RONALD T. FREDERICK, PLS L-4720 PR IrMIf0 ON
CONVEYANCES OR�SSALES
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GENERAL NOTES
1. THIS IS A BROWNFIELDS PLAT.
2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83(2011).
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. ZONING: DX-12-UG-CU PER RALEIGH GIS; CHARACTER OVERLAY: HOD-G; LEGACY OVERLAY:
DOD PER CITY OF RALEIGH ZONING MAP
5. AREA BY COORDINATE GEOMETRY.
6. FLOOD NOTE: THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD ZONE. IT IS
LOCATED IN ZONE "X" AS DEFINED BY F.E.M.A F.I.R.M COMMUNITY PANEL #3720170300J
DATED MAY 2, 2006.
7. REFERENCES AS SHOWN
8. UTILITY STATEMENT
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION
AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND
UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR
ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND
UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT
THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE
SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.
9. THIS SURVEY PERFORMED AND MAP PREPARED WITHOUT BENEFIT OF A TITLE REPORT. THIS
SURVEY SUBJECT TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL
AND ACCURATE TITLE SEARCH.
N /F
529 SOUTH WILMINGTON, LLC
PIN:1703765478
529 S. WILMINGTON ST.
D.B�15666, PG.2242
BROWNFIELDS PARCEL
22,009 SQ.FT. OR 0.51 AC.
I E. LENOIR STREET
66' PUBLIC R/W
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THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION
AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS
USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
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MCDONALDS REAL ESTATE CO
PIN:1703764214
101 E. SOUTH ST.
D.B. 14479, PG. 2287
B.M. 2011, PG. 938
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PIN:1703764322 & 1703764352
112 & 114 E. LENOIR ST.
D.B. 16484, PG. 2565
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McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, INC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
PROSPECTIVE DEVELOPER &
PROPERTY OWNER
NARSI DEVELOPMENT RALEIGH, LLC
10020 SELLONA STREET
SUITE 100
RALEIGH, NC 27617
PROPERTY OWNER
GENERAL BAPTIST STATE CONVENTION
603 S. WILMINGTON ST.
RALEIGH, NC 27601
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REVISIONS
NO. DATE
PLAN INFORMATION
PROJECT NO.
2020110349
FILENAME
2020110349-F1
CHECKED BY
RTF
DRAWN BY
DJM
SCALE
1"=20'
DATE
12.22.2020
SHEET
BROWNFIELD PLAT
SHEET NUMBER
1OF2

FOR THE PURPOSES OF N.C.G.S. §130A-310.35
MICHAEL E. SCOTT, DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
r--n nr r+.Trnzr r n= D
DATE
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion)_
the standards far which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule _0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (EVLACS) (April 1; 2013 version):
Groundwater
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
Exceeding
(µe,L)
Standard (µg.'L)
Lead
TMW-1
8125r-2020
22
15
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(January 2021 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Industrial
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level (mg.+lcg)
me-'kg
Arsenic
13G-1
1-2
8/25i2020
7.61
3.0
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk_
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for "which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2021 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg'm3)
Non -
Residential
Screening
Limits
a; m
Benzvl Chloride
DUP-SGP
8.26 2020
313
25
Ethanol
SSGP-1
8:26.2020
972
NE
SSGP-2
8.'262020
52.4
SGP-1
8.'26'2020
25.9
DUP-SGP
8:262020
32
SGP-2
8•26'2020
16.2
SGP-3
8;`26I2020
18.2
Ethylbenzene
SGP-1
8.'26.'2020
525
490
DUP-SGP
9r26;'2020
491
SGP-3
8;'26;2020
507
4-Eth}'ltoluene.
SGP-1
8,26'2020
226
N7
DUP-SGP
8.'26!2020
200
SGP-2
8l26!2020
8.84
SGP-3
8:262020
33.5
Trichlorofluaromethane
SGP-1
8.'26,'2020
5.15J
PJ7
DUP-SGP
912612020
5.12J
'Screening levels displayed for non carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a IAE-6 lifetime incremental cancer risk.
NE — No screening level established
J — Estimated value between the method detection limit and the laboratory reporting limit
LAND USE RESTRICTIONS
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS PROPERTY ("NOTICE") THAT IDENTIFIES ANY RESTRICTIONS ON THE CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE NECESSARY
OR USEFUL TO MAINTAIN THE LEVEL OF PROTECTION APPROPRIATE FOR THE DESIGNATED CURRENT OR FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE PROPERTY.
THIS SURVEY PLAT CONSTITUTES ONE OF THREE EXHIBITS TO THE NOTICE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS PLAT AND RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS' OFFICE. THE EXHIBITS
TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT A TO THE NOTICE; A REDUCED VERSION OF THIS SURVEY PLAT, WHICH IS ATTACHED AS EXHIBIT B TO THE
NOTICE; AND A LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT C TO THE NOTICE. THE LAND USE RESTRICTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH 12 OF THE
BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE HEREBY IMPOSED ON THE BROWNFIELDS
PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR HIS/HER DESIGNEE,
AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS § 130A-310.35(E):
a. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR AN EXTENDED STAY AND TRADITIONAL HOTEL, OFFICE, RETAIL, RESTAURANT, AND PARKING USES, AND SUBJECT TO DEQ'S PRIOR WRITTEN
APPROVAL, OTHER COMMERCIAL USES. FOR PURPOSES OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
i. "HOTEL" IS 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.
ii. "OFFICE" IS DEFINED AS A PLACE WHERE BUSINESS OR PROFESSIONAL SERVICES ARE PROVIDED.
iii. "RETAIL" IS DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISE DIRECTLY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, FARMER'S MARKETS, FOOD
FESTIVALS, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS, INCLUDING FROM MOBILE ESTABLISHMENTS SUCH AS FOOD TRUCKS.
iv. "RESTAURANT" IS DEFINED AS A COMMERCIAL BUSINESS ESTABLISHMENT THAT PREPARES AND SERVES FOOD AND BEVERAGES, INCLUDING ALCOHOLIC BEVERAGES UNDER ALL APPLICABLE LOCAL, STATE, AND FEDERAL
REGULATIONS, TO PATRONS.
v. "PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
vi. "COMMERCIAL" IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
b. 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:
i. DEMOLITION OF EXISTING BUILDINGS, IF APPLICABLE;
ii. ISSUES RELATED TO KNOWN OR POTENTIAL SOURCES OF CONTAMINATION, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN PARAGRAPH 3 ABOVE;
iii. 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
iv. PLANS FOR THE PROPER CHARACTERIZATION AND DEQ APPROVAL OF BOTH FILL SOIL BEFORE IMPORT TO THE BROWNFIELDS PROPERTY AND THE DISPOSITION OF EXCAVATED SOIL DURING REDEVELOPMENT.
c. WITHIN 90 DAYS AFTER EACH ONE—YEAR ANNIVERSARY OF THE EFFECTIVE DATE OF THIS 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 VI: WORK TO BE PERFORMED ABOVE;
ii. SOIL GRADING AND CUT AND FILL ACTIONS;
iii. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
iv. 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
V. 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).
d. UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING IN ADVANCE BY DE IN RELATION TO PARTICULAR BUILDINGS DEMOLITION AND/OR RENOVATION OF ANY OR ALL BUILDINGS ON THE
Q /
BROWNFIELDS PROPERTY DEPICTED ON THE PLAT COMPONENT OF THE NOTICE REFERENCED IN PARAGRAPH 16 BELOW SHALL BE 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.
e. NOT LATER THAN COMPLETION OF REDEVELOPMENT, THE SUSPECTED HEATING OIL UST DESCRIBED ABOVE IN PARAGRAPH 3, IF ENCOUNTERED DURING DEMOLITION OR CONSTRUCTION ACTIVITIES, SHALL BE REMOVED AND
ADDRESSED TO THE WRITTEN SATISFACTION OF DEQ.
f. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THE
BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 12.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT. SHOULD GROUNDWATER BE ENCOUNTERED OR EXPOSED
DURING ANY ACTIVITY ON THE BROWNFIELDS PROPERTY, IT SHALL BE MANAGED IN ACCORDANCE WITH THE DEQ—APPROVED EMP OUTLINED ABOVE IN SUBPARAGRAPH 12.B., OR A PLAN APPROVED IN WRITING IN ADVANCE BY DEQ.
g. 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 12.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE
ENVIRONMENT, EXCEPT:
i. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 30 INCHES;
ii. MOWING AND PRUNING OF ABOVE —GROUND VEGETATION;
iii. 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
iv. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ—APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS OUTLINED ABOVE IN SUBPARAGRAPH 12.B.
h. 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 ABOVE IN SUBPARAGRAPH 12.B.
i. 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.
j. 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, THE OWNER 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.
k. 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 WAKE COUNTY LAND RECORDS, BOOK ------, PAGE --------- A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED IN
SECTION XVII (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 SUBPARAGRAPH: (1) 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 XVII (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 XVII.
I. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS 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:
i. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES;
ii. 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
iii. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN EXTENDED STAY AND TRADITIONAL HOTEL, OFFICE, RETAIL, RESTAURANT, AND PARKING LOT ENVIRONMENTS, PROVIDED SUCH
PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS.
m. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 16 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 WAKE COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST,
THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. IF
THE PROPERTY IS TRANSFERRED, THE GRANTOR SHALL SUBMIT A LURU (AS OUTLINED ABOVE) WHICH COVERS THE PERIOD OF TIME THEY OWNED THE PROPERTY. THE SUBMITTED LURU SHALL STATE THE FOLLOWING:
i. THE BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E—MAIL ADDRESS OF THE OWNER, OR BOARD, ASSOCIATION OR APPROVED ENTITY, SUBMITTING
THE LURU IF SAID OWNER, OR EACH OF THE OWNERS ON WHOSE BEHALF A JOINT LURU IS SUBMITTED, ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR; AND
ii. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E—MAIL ADDRESS, IF SAID OWNER, OR EACH OF THE OWNERS ON WHOSE BEHALF A JOINT LURU IS
SUBMITTED, TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
PROSPECTIVE DEVELOPER &
PROPERTY OWNER
NARSI DEVELOPMENT RALEIGH, LLC
10020 SELLONA STREET
SUITE 100
RALEIGH, INC 27617
PROPERTY OWNER
GENERAL BAPTIST STATE CONVENTION
603 S. WILMINGTON ST.
RALEIGH, NC 27601
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REVISIONS
NO. DATE
PLAN INFORMATION
PROJECT NO.
2020110349
FILENAME
2020110349-F1
CHECKED BY
RTF
DRAWN BY
DJM
SCALE
1"=20'
DATE
12.22.2020
SHEET
BROWNFIELD PLAT
SHEET NUMBER
20F2

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING AT AN IRON PIPE AT THE INTERSECTION OF THE EASTERN RIGHT OF
WAY OF SOUTH WILMINGTON STREET AND THE SOUTHERN RIGHT OF WAY OF
EAST LENOIR STREET, THE POINT OF BEGINNING; THENCE WITH THE SOUTHERN
RIGHT OF WAY OF EAST LENOIR STREET SOUTH 87034'27" EAST A DISTANCE OF
210.53 FEET TO AN IRON PIPE, THE NORTHWEST CORNER OF THE MCDONALDS
PARCEL, AS SHOWN ON BOOK OF MAPS 2011, PAGE 938 OF THE WAKE COUNTY
REGISTRY; THENCE LEAVING THE SAID RIGHT OF WAY AND WITH SAID
MCDONALDS PARCEL SOUTH 02040'21" WEST A DISTANCE OF 104.44 FEET TO AN
IRON PIPE; THENCE NORTH 87°43'37" WEST A DISTANCE OF 209.80 FEET TO AN
IRON PIPE ON THE EASTERN RIGHT OF WAY OF SOUTH WILMINGTON STREET;
THENCE WITH SAID RIGHT OF WAY NORTH 02016'23" EAST A DISTANCE OF 105.00
FEET TO THE POINT OF BEGINNING; CONTAINING 22,009 SQUARE FEET OR 0.51
ACRES.
General Baptist State Convention/24030-20-092/20210622