25046 Harrelson Ford NBP for PC 20230713

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Property Owner: Harrelson Real Estate Holdings, LLC Recorded in Book ________, Page ________ Associated plat recorded in Plat Book ________, Page ________ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Harrelson Ford Brownfields Project Number: 25046-21-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 20___ by TAC Harrelson Ford, 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 comprised of 8.59 acres and is located at 6500 South Boulevard, Charlotte, Mecklenburg County. The Brownfields Property consisted of undeveloped and agricultural land until the 1950s when it was developed with a residence on the southern portion

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of the Brownfields Property. By the early 1970s, the Brownfields Property was developed with an auto sales showroom and service garage. A separate service garage building, an additional warehouse building, and a service garage were constructed at the Brownfields Property between
1983 and 1996. Automotive sales and repair operations continued at the Brownfields Property from construction until 2020. The Prospective Developer intends to redevelop the Brownfields Property for no uses other than high-density residential, townhomes, and parking. Soil, groundwater, and soil gas are impacted at the Brownfields Property. 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:

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Land Uses a. No use may be made of the Brownfields Property other than for high-density residential, townhomes, and parking. However, the property may only be used for townhomes
after prior written approval of DEQ in accordance with paragraph 12.b below. For purposes of this restriction, the following definitions apply: i. “High-Density Residential” is defined as for-rent-only permanent dwellings where residential units are attached to each other with common walls, such as
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes, townhomes, duplexes or other units with yards are prohibited.
ii. “Townhome” is defined as a residential unit that is privately owned and is attached to one or more similar privately owned units via one or more common walls. It may include a small amount of land ownership beyond the building footprint, such as a courtyard. iii. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
Townhomes b. No Townhomes may be constructed on the Brownfields Property except following:
i. excavation of the areas of soil impacted with chlorinated solvent compounds above the DEQ Protection of Groundwater Preliminary Soil Remediation Goals as identified in the Soil Excavation Completion Report by Hart & Hickman, P.C., dated March 30, 2023; and
ii. confirmation soil gas sampling at the areas of excavation in accordance
with a work plan approved by DEQ, with confirmation sampling results meeting residential criteria under the then-current version of the NCDEQ Risk Calculator, and with no trichloroethylene (TCE) detected above the DEQ Residential Vapor Intrusion Screening Level or other suitable level approved in advance of said construction in writing by DEQ. Soil excavation
pursuant to this subparagraph shall be completed in accordance with the Environmental
Management Plan approved by DEQ on November 28, 2022. c. Prior to construction and/or the initial sale of any newly constructed Townhomes on the Brownfields Property, all owner(s) who construct and/or offer for initial sale
newly constructed townhomes, on the Brownfields Property must comply, to DEQ’s written
satisfaction, with DEQ’s Minimum Requirements for Townhome Developments Under a
Brownfields Agreement attached hereto as Exhibit 3. d. No occupancy of the Brownfields Property for the uses defined above in
subparagraph 12.a or transactional sale of residential units may occur until the work referenced
in paragraph 11 above is implemented to the written satisfaction of the DEQ Brownfields

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Redevelopment Section. e. No property owner shall take any action to remove, alter, or derogate the
provisions of the Property Association Declarations required pursuant to paragraph 11. Environmental Management Plan f. 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 4 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 all soil excavated from the Brownfields Property during redevelopment. Redevelopment Reporting
g. No later than January 31 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
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all

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legally required manifests shall be included). Groundwater
h. 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 that 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 in subparagraph 12.f., or a plan approved in writing in advance by DEQ. Soil i. 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 24 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 EMP as outlined above in subparagraph 12.f.
Final Grade Sampling
j. No use of the Brownfields Property where physical redevelopment has taken place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.f. above may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways,
or two feet of documented clean fill material. Soil Import and Export k. 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.f. Vapor Intrusion l. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing

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that: i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, or alternate standards approved in writing in advance by DEQ, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, is satisfied that the design is fully protective of public health, and shall include a performance monitoring plan detailing methodologies and schedule in accordance with the most recent version of (the DWM decision matrix). Said VIMS and monitoring plan are subject to DEQ prior written approval; and 2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health. Property Access m. 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.
Damage to Wells
n. 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 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.
Chemical Storage and Use o. 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

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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.
Notification of Tenants p. 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 Mecklenburg 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 paragraph as to leasehold interests: (i) If every lease or 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 paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices 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. Land Use Restriction Update q. 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 Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. 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; 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;

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iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.l. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. iv. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted. v. LURU’s submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses. vi. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 12.p. and 17 of this agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. vii. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Branch 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 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.

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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 _______________, 20___.
TAC Harrelson Ford, LLC By: __________________________________________ Manager Todd Terwilliger
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

___________________________________ (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. Harrelson Real Estate Holdings, LLC
By: _______________________________________________ ________________________ Name: 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: _____________________

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************************************ 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
By: _________________________________________ ________________________ Bruce Nicholson, Chief Date Brownfields Redevelopment Section
Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: TAC Harrelson Ford, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Harrelson Ford OF 1997, NCGS § 130A-310.30, et seq. ) 6500 South Boulevard Brownfields Project No. 25046-21-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and TAC Harrelson Ford, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 6500 South Boulevard, Charlotte, Mecklenburg
County, 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 TAC Harrelson Ford, LLC, a limited liability company,
headquartered at 2100 Powers Ferry Road SE, Suite 350, Atlanta, Georgia. Its manager is Todd
Terwilliger, 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
potential liability of TAC Harrelson Ford, LLC for contaminants at the Brownfields Property.
The Parties agree that TAC Harrelson Ford, LLC’s entry into this Agreement, and the

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actions undertaken by TAC Harrelson Ford, LLC in accordance with the Agreement, do not
constitute an admission of any liability by TAC Harrelson Ford, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit TAC
Harrelson Ford, LLC shall provide to DEQ, is in the public interest.
II. 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 TAC Harrelson Ford, 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 the 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 Addresses & Parcel IDs 6500 South Boulevard (Parcel ID 17304204)
Acreage 8.59
Current Property Owner Harrelson Real Estate Holdings, LLC
Current Land Use(s)
The northern portion of the Site is developed with an approximate 2,000-sq ft warehouse building that is currently
unoccupied; an approximate 9,300-sq ft service garage; an
approximate 20,000-sq ft vehicle service showroom and service garage that is currently unoccupied; and an approximate 14,000-sq ft service garage that is currently

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
unoccupied.
Site Vicinity Land Use(s) Commercial, industrial, residential, and vacant land Proposed Reuse(s) High-density residential, townhomes, and parking.
Public Benefits of Reuse
An increase in the Brownfields property’s productivity; an
increase in tax revenue for affected jurisdictions; the creation of construction jobs; and expanded use of public transportation. Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources
• The Brownfields Property consisted of undeveloped and
agricultural land until the 1950s when it was developed with a residence on the southern portion of the Brownfields Property. By the mid-1960s, the residence was razed for construction. By the early 1970s, the Brownfields Property
was developed with an auto sales showroom and service
garage. A separate service garage building, an additional warehouse building, and a service garage were constructed at the Brownfields Property between 1983 and 1996. Automotive sales and repair operations continued at the
Brownfields Property from construction until 2020.
• In 1994, one (1) 3,000-gallon underground storage tank (UST) was removed from the Site and confirmatory soil samples were collected from the base of the UST excavation
which identified total petroleum hydrocarbon (TPH) as oil
and grease at concentrations up to 630 milligrams per kilograms (mg/kg). A No Further Action (NFA) letter was issued on August 6, 1996.
• In August 2021, Phase II Environmental Site Assessment
(ESA) sampling was completed at the Brownfields Property. Results of the assessment activities identified soil impacts in the vicinity of out-of-use in-ground hydraulic lifts and trench drains associated with an oil/water separator. In addition, soil gas impacts were identified in areas
historically utilized for auto repair operations.
• In February 2022, additional assessment activities were completed to further evaluate the impacts associated with historical auto repair operations. Results of the assessment
activities identified chlorinated volatile organic compounds
(cVOCs) at concentrations above the applicable screening

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ENVIRONMENTAL INFORMATION SUMMARY
criteria in soil gas samples collected beneath two of the
existing buildings historically utilized for auto repair operations.
• In May and June 2022, additional assessment activities were completed to further evaluate the impacts previously
identified beneath the two auto repair buildings. Results of
the assessment activities identified soil, groundwater, and soil gas impacts at concentrations above the applicable screening levels beneath the buildings in connection with former auto repair operations and the trench drain system.
• In February and March 2023, soil removal activities were completed in two buildings historically utilized for auto repair operations. Results of post-excavation confirmation soil samples did not identify soil impacts at concentrations
above the DEQ Residential Preliminary Soil Remediation
Goals (PSRGs) with the exception of chloromethane detected in one sample location.
Current Operations/Activities The buildings have recently been primarily vacant, with the exception of the 9,300-sq ft auto service garage which is occupied by multiple auto repair tenants.
Contaminated Media
Soil: Concentrations of TPH- diesel range organics (DRO) compounds and hexavalent chromium were detected above the DEQ UST Section Action Level and DEQ PSRGs, respectively.
Groundwater: The cVOC tetrachloroethylene (PCE) was detected at a concentration above the NCAC 15A 2L Groundwater Standard, but below the DEQ Residential Vapor Intrusion Groundwater Screening Level.
Sub-Slab Soil Gas: cVOCs including PCE, vinyl chloride, trichloroethylene (TCE), and petroleum-related compounds were detected in sub-slab soil gas samples at concentrations above the DEQ Residential and/or Non-Residential Vapor
Intrusion Sub-Slab and Exterior Soil Gas Screening Levels (SGSLs). Exterior Soil Gas: cVOCs including PCE and petroleum-related compounds were detected in soil gas samples at
concentrations above the DEQ Residential and/or Non-
Residential Vapor Intrusion SGSLs.
ID Numbers/Permits LUST Incident No. 13888 and EPA ID NCD055161194

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ENVIRONMENTAL INFORMATION SUMMARY
Onsite Receptors Considered Future residents, workers, visitors and construction workers
Potential Offsite Receptors Considered
i. The Brownfields Receptor Survey is on file.

ii. Water supply wells: No water supply wells were identified within 500 feet. Seven water supply wells were identified within 1,500 feet. iii. Surface water: Surface water is not present on the
Brownfields Property.
Potential offsite migration
pathways
Groundwater: Low concentrations of VOCs were detected in
groundwater.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Soil Excavation Completion Report Hart & Hickman, PC March 30, 2023
Additional Brownfields Assessment Report Hart & Hickman, PC July 25, 2022 Brownfields Assessment Report Hart & Hickman, PC March 22, 2022
Phase II Environmental Site Assessment Hart & Hickman, PC January 10, 2022
Phase I Environmental Site Assessment Hart & Hickman, PC May 7, 2021
Tank Closure Report SPATCO Environmental February 23, 1994

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 June 10, 2021, and the

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Prospective Developer contracted to purchase the Brownfields Property on August 11, 2020.
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
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

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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. a return to productive use of the Brownfields Property;
b. the creation of construction and full time jobs;
c. an increase in tax revenue for affected jurisdictions;
d. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
e. “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 Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and

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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
Priority), or a similar program.
11. Prior to the initial sale of any townhome or other individually-owned units that
include land ownership, the Prospective Developer, or any subsequent property owner proposing
new residential dwellings for initial sale, shall cause the Brownfields Property to be subject to a
declaration of covenants, conditions, and restrictions, or a functionally equivalent instrument
recorded or to be recorded in the Mecklenburg County Public Registry (the "Declaration"), and
shall also establish or, if an existing homeowners’ association is extended to serve the
Brownfields Property, participate in a homeowners’ association, a lot owners’ association, or
similar entity associated with the Brownfields Property ("Property Association") consistent with
the declarations and ensure it is initialized with resources consistent with subparagraph 11.e.
below. Said construction and sale for the uses in this paragraph must comply with the land use
restrictions in paragraph 12 below, including requirements for allowance of townhome use on the
property in subparagraph 12.b.
a. The Declaration shall provide that all owners of all or part of the Brownfields
Property shall strictly comply with the terms and conditions of this Agreement and the Notice of

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Brownfields Property referenced below in Paragraph 16.
b. For the purposes of N.C.G.S. §130A-310.35(f), which authorizes various
persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person authorized to administer and enforce the land use restrictions on
behalf of the owner of land and person eligible for liability protection pursuant to the Act.
Further, the Declaration shall provide that the Property Association has the authority and
obligation to administer and enforce the land use restrictions on behalf of all lot owners and
members of the Property Association.
c. The Declaration shall provide the Property Association the authority and
obligation, to the extent permissible under North Carolina law, to treat any violation of the terms
and conditions of this Agreement or of the Notice of Brownfields Property, referenced below in
paragraph 16, by any owner of any part of the Brownfields Property as a violation of the
Declaration and to undertake any and all enforcement remedies provided in the Declaration for
such a violation. The Declaration shall provide that, in the event a violation of this Agreement or
the Notice of Brownfields Property by any owner of any part of the Brownfields Property
becomes known to the Property Association, the Property Association shall undertake reasonable
enforcement actions to correct said violation. Furthermore, the Declaration shall specifically
provide that failure by any owner of any part of the Brownfields Property to remedy or correct
such violations of this Agreement and the Notice of Brownfields Property after any applicable
notice and cure periods to the reasonable satisfaction of DEQ could result in that owner's loss of
liability protection afforded by this Agreement and the Act.
d. The Declaration shall provide that the Property Association will notify DEQ of

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violations of this Agreement or the Notice of Brownfields Property by any owner of any part of
the Brownfields Property and any associated enforcement actions taken or planned within thirty
(30) days of such violation becoming known to the Property Association.
e. The Declaration shall provide that the Property Association maintain a cash
reserve dedicated for use in undertaking the obligations set forth in this Agreement, including,
without limitation, potential legal fees. The cash reserve shall be initiated with, and maintained
at, not less than $2,000 per townhome unit, and shall be increased in the future as deemed
necessary by the Property Association in order to ensure its obligations to enforce the land use
restrictions can be carried out. The Declaration shall provide that the cash reserve may be used
to fulfill the obligations set forth in this Agreement, provided that it is replenished annually. The
permanent amount of the cash reserve may be decreased with DEQ’s prior written consent,
which shall not be unreasonably withheld, conditioned, or delayed.
f. The portions of the Declaration, and the portions of the bylaws of the Property
Association, pertaining to the subject matter of this Paragraph 11 shall be submitted to DEQ for
review and comment as to the subject matter of this Paragraph 11, which shall not be
unreasonably withheld, conditioned, or delayed, and shall be deemed approved if DEQ does not
respond to such submittal within thirty (30) business days.
g. The Declaration shall further provide that the Property Association will be
responsible for submission of copies of deeds and other instruments of conveyance to the persons
listed in Section XV (Notices and Submissions) of this Agreement in accordance with Paragraph
31 below.

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VII. 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.
Land Uses
a. No use may be made of the Brownfields Property other than for high-density
residential, townhomes, and parking. However, the property may only be used for townhomes
after prior written approval of DEQ in accordance with paragraph 12.b below. For purposes of
this restriction, the following definitions apply:
i. “High-Density Residential” is defined as for-rent-only permanent
dwellings where residential units are attached to each other with common walls, such as
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling
structures is usable by all residents and not privately owned as part of a particular unit (e.g.,
privately-owned courtyards are prohibited), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single family
homes, townhomes, duplexes or other units with yards are prohibited.
ii. “Townhome” is defined as a residential unit that is privately owned and is
attached to one or more similar privately owned units via one or more common walls. It may
include a small amount of land ownership beyond the building footprint, such as a courtyard.

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iii. “Parking” defined as the temporary accommodation of motor vehicles in an
area designed for same.
Townhomes
b. No Townhomes may be constructed on the Brownfields Property except
following:
i. excavation of the areas of soil impacted with chlorinated solvent
compounds above the DEQ Protection of Groundwater Preliminary Soil Remediation Goals as
identified in the Soil Excavation Completion Report by Hart & Hickman, P.C., dated March 30,
2023; and
ii. confirmation soil gas sampling at the areas of excavation in accordance
with a work plan approved by DEQ, with confirmation sampling results meeting residential
criteria under the then-current version of the NCDEQ Risk Calculator, and with no
trichloroethylene (TCE) detected above the DEQ Residential Vapor Intrusion Screening Level or
other suitable level approved in advance of said construction in writing by DEQ. Soil excavation
pursuant to this subparagraph shall be completed in accordance with the Environmental
Management Plan approved by DEQ on November 28, 2022.
c. Prior to construction and/or the initial sale of any newly constructed
Townhomes on the Brownfields Property, all owner(s) who construct and/or offer for initial sale
newly constructed townhomes, on the Brownfields Property must comply, to DEQ’s written
satisfaction, with DEQ’s Minimum Requirements for Townhome Developments Under a
Brownfields Agreement attached hereto as Exhibit 3.
d. No occupancy of the Brownfields Property for the uses defined above in

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subparagraph 12.a or transactional sale of residential units may occur until the work referenced
in paragraph 11 above is implemented to the written satisfaction of the DEQ Brownfields
Redevelopment Section.
e. No property owner shall take any action to remove, alter, or derogate the
provisions of the Property Association Declarations required pursuant to paragraph 11.
Environmental Management Plan
f. 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 4 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

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before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.

Redevelopment Reporting
g. No later than January 31 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
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).

15 Harrelson Ford/25046-21-060/20230706
Groundwater
h. 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 that 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 in subparagraph 12.f., or a plan approved in
writing in advance by DEQ.
Soil
i. 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 24 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
EMP as outlined above in subparagraph 12.f.

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Final Grade Sampling
j. No use of the Brownfields Property where physical redevelopment has taken
place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.f. above may occur until
the then owner of the Brownfields Property conducts representative final grade soil sampling,
pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways,
or two feet of documented clean fill material.
Soil Import and Export
k. 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.f.
Vapor Intrusion
l. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion

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Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, or alternate standards approved in writing in advance by
DEQ, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule in accordance
with the most recent version of (the DWM decision matrix). Said VIMS and monitoring plan are
subject to DEQ prior written approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
m. 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.

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Damage to Wells
n. 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 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.
Chemical Storage and Use
o. 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.
Notification of Tenants
p. 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 Mecklenburg County
land records, Book __________, Page __________.” A copy of any such instrument shall be

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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 paragraph as to leasehold interests: (i) If every lease or 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 paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XVII (Notices 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.
Land Use Restriction Update
q. 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 Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,

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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;
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;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.l. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
v. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
vi. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 12.p. and 17 of this agreement provided that
if standard form leases are used in every instance, a copy of such standard form lease may be

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sent in lieu of copies of actual leases.
vii. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
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.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.m. 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

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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
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 Mecklenburg 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
Mecklenburg County land records, Book ___________, Page ____________.” A copy of any

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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 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 seven 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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all

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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 31.a. below of any such required notification.
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 June 10, 2021, by which it applied for this
Agreement. That use is that which is provided in paragraph 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

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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
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

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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.
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

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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
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)(1)-(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.

28 Harrelson Ford/25046-21-060/20230706
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
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

29 Harrelson Ford/25046-21-060/20230706
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
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Branch (or successor in function) N.C. Division of Waste Management Brownfields Redevelopment Section Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: Todd Terwilliger (or successor in function) TAC Harrelson Ford, LLC
2100 Powers Ferry Road SE, Suite 350 Atlanta, GA 30339 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.
XVIII. 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

30 Harrelson Ford/25046-21-060/20230706
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.
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 Party 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 Brownfields 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.

31 Harrelson Ford/25046-21-060/20230706
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
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:
____________________________________________________________________________ Bruce Nicholson, Chief Date Brownfields Redevelopment Section, Division of Waste Management
IT IS SO AGREED:
TAC Harrelson Ford, LLC By: ____________________________________________________________________________ Name: Todd Terwilliger Date
Title: Authorized Person of TAC Harrelson Ford, LLC

USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset,
and National Transportation Dataset; USGS Global Ecosystems; U.S.
Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data;
U.S. Department of State Humanitarian Information Unit; and NOAA
National Centers for Environmental Information, U.S. Coastal Relief
Model. Data refreshed May, 2020.
SITE LOCATION MAP
HARRELSON FORD
6500 SOUTH BOULEVARD
CHARLOTTE, NORTH CAROLINA
DATE: 6-23-21
JOB NO: ACO-002
REVISION NO: 0
FIGURE. 1
2923 South Tryon Street - Suite 100
Charlotte, North Carolina 28203
704-586-0007 (p) 704-586-0373 (f)
License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
Path: S:\AAA-Master Projects\Ardent - ACO\ACO.002 - 6500 South Boulevard\Figures\Figure-1.mxdN
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 2013
CHARLOTTE WEST, NORTH CAROLINA 2013
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
SITE
EXHIBIT 1
Harrelson Ford/25046-21-060/20200706

1
Exhibit 2 Brownfields Property Name: Harrelson Ford
Brownfields Project Number: 25046-21-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in March 2023. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the
maximum concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup 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, (April 1, 2022 version):

Groundwater Contaminant Sample Location Date of
Sampling
Maximum Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
2-Hexanone TMW-6 / TMW-DUP 6/30/2022 0.83 J / 0.84 J NES
Tetrachloroethene TMW-6 / TMW-DUP 6/30/2022 2.4 / 2.5 0.7
J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration. NES – no established screening level

Harrelson Ford/25046-21-060/20200706

2

GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management January 2023 version):

Groundwater Contaminant with Potential for Vapor Intrusion

Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential VI
Screening
Level1
(µg/L)
Acetone TMW-3 8/5/2021 20.2 J NES

1Screening 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. J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration. NES – no established screening level

Harrelson Ford/25046-21-060/20200706

3
SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (January 2023 version):

Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level 1 (mg/kg)
Arsenic
HL-10 8-10 8/3/2021 0.836 J
0.68
HL-17 8-10 8/3/2021 1.42
HL-18 8-10 8/3/2021 2.77
HL-20 8-10 8/3/2021 2.28
HL-22 8-10 8/3/2021 1.89
SB-DUP-15 8-10 8/3/2021 1.02 J
SB-8 8-10 8/2/2021 0.932 B, J
SB-9 6-7 2/17/2022 1.86
SB-DUP4 6-7 2/17/2022 1.75
MP-18 0-1 5/20/2022 0.93
MP-43 1-2 5/20/2022 0.99
Hexavalent Chromium
HL-18 8-10 8/3/2021 0.487 J
0.31
HL-20 8-10 8/3/2021 <0.3663
HL-22 8-10 8/3/2021 <0.3323
HL-23 8-10 8/3/2021 0.603 J
SB-1 8-10 8/2/2021 0.736 J
SB-4 2-4 8/3/2021 0.865 J
SB-DUP-26 2-4 8/3/2021 1.34
SB-5 2-4 8/3/2021 1.35
SB-9 6-7 2/17/2022 0.62
SB-DUP4 6-7 2/17/2022 0.91
MP-18 0-1 5/20/2022 1.47
MP-43 1-2 5/20/2022 1.27
p-Isopropyltoluene HL-17 8-10 8/3/2021 0.60 NES SB-8 8-10 8/2/2021 0.0167
Phenanthrene HL-17 8-10 8/3/2021 0.14 J NES
Total Petroleum
HL-10 8-10 8/3/2021 1,310
1002 HL-17 8-10 8/3/2021 2,780
HL-18 8-10 8/3/2021 338
Harrelson Ford/25046-21-060/20200706

4
Soil
Contaminant
Sample
Location Depth (ft) Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Residential
Screening
Level 1 (mg/kg)
Hydrocarbons –
Diesel Range
Organics
HL-20 8-10 8/3/2021 413
HL-22 8-10 8/3/2021 107
HL-23 8-10 8/3/2021 874
SB-DUP-15 8-10 8/3/2021 896

1 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. If no screening level is established, then the laboratory reporting limit is considered the screening level. 2DEQ Division of Waste Management Underground Storage Tank (UST) Section Action Level dated December 2013 3 Laboratory method detection limit exceeds the Residential Health-Based Preliminary Soil Remediation
Goal. 4SB-DUP collected at SB-9 boring location. 5SB-DUP-1 collected at HL-23 boring location. 6SB-DUP-2 collected at SB-4 boring location. NES – no established screening level. B – Analyte was detected in the laboratory blank.
J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.
Harrelson Ford/25046-21-060/20200706

5
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 version):
Soil Gas Contaminant Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level 1
(µg/m3)
Acetone
SG-1 8/5/2021 37.5
NES
SG-2 8/5/2021 26.6
SG-3 8/5/2021 51.3
SG-4 8/5/2021 34.6
SG-5 8/5/2021 89.5
SG-6 8/5/2021 133
SG-8 8/5/2021 552
SG-9 8/5/2021 36.9
SG-DUP3 8/5/2021 33.1
SG-10 8/5/2021 23.3
SG-11 8/5/2021 102
SG-12 8/5/2021 354
SG-13 8/5/2021 66.6
SG-14 8/5/2021 285
SG-15 8/5/2021 103
SG-16 2/17/2022 72.5
Benzene
SG-3 8/5/2021 19.1
12
SG-7 8/5/2021 <1202
SG-8 8/5/2021 19.4
SG-11 8/5/2021 18.1
SG-12 8/5/2021 19.2
SG-14 8/5/2021 24.7
SG-16 2/17/2022 20.9
Bromodichloromethane
SG-2 8/5/2021 5.3
2.5 SG-7 8/5/2021 <2492
SG-10 8/5/2021 3.8
SG-15 8/5/2021 81.8
Bromomethane SG-7 8/5/2021 <1582 35
Chloroform
SG-2 8/5/2021 87.6
4.1 SG-3 8/5/2021 120
SG-4 8/5/2021 19.2
SG-5 8/5/2021 35.6
Harrelson Ford/25046-21-060/20200706

6
Soil Gas Contaminant Sample Location Date of Sampling
Concentration Exceeding
Screening
Level (µg/m3)
Residential Screening
Level 1
(µg/m3)
Chloroform
SG-7 8/5/2021 <1922
4.1
SG-9 8/5/2021 24.7
SG-DUP3 8/5/2021 24.0
SG-10 8/5/2021 13.0
SG-11 8/5/2021 4.7
SG-14 8/5/2021 73.4
SG-15 8/5/2021 716
Dibromochloromethane SG-10 8/5/2021 3.3 J NES SG-15 8/5/2021 31.8
1,3-Dichlorobenzene
SG-1 8/5/2021 11.8
NES
SG-2 8/5/2021 6.6
SG-3 8/5/2021 7.9
SG-4 8/5/2021 5.6 J
SG-5 8/5/2021 16.5
SG-6 8/5/2021 12.1
SG-10 8/5/2021 9.3
SG-13 8/5/2021 13.4
SG-15 8/5/2021 2.7 J
1,1-Dichloroethane SG-7 8/5/2021 <1732 58
Ethanol
SG-1 8/5/2021 18.4
NES
SG-2 8/5/2021 7.6
SG-3 8/5/2021 29.5
SG-4 8/5/2021 2.7 J
SG-5 8/5/2021 38.7
SG-6 8/5/2021 46.4
SG-8 8/5/2021 66.8
SG-9 8/5/2021 10.2
SG-DUP3 8/5/2021 8.0 J
SG-10 8/5/2021 118
SG-11 8/5/2021 10.2
SG-12 8/5/2021 13.0
SG-13 8/5/2021 82.6
SG-14 8/5/2021 760
SG-15 8/5/2021 421
Ethylbenzene SG-7 8/5/2021 2,090 37
4-Ethyltoluene
SG-2 8/5/2021 4.6 J
NES SG-3 8/5/2021 3.2 J
SG-7 8/5/2021 1,390 J
Harrelson Ford/25046-21-060/20200706

7
Soil Gas Contaminant Sample Location Date of Sampling
Concentration Exceeding
Screening
Level (µg/m3)
Residential Screening
Level 1
(µg/m3)
4-Ethyltoluene
SG-8 8/5/2021 1.8 J
NES
SG-12 8/5/2021 1.7 J
SG-13 8/5/2021 2.5 J
SG-14 8/5/2021 5.2 J
SG-15 8/5/2021 1.6 J
SG-16 2/17/2022 1.96 J
n-Heptane SG-7 8/5/2021 25,100 2,800
n-Hexane SG-7 8/5/2021 14,800 4,900
2-Hexanone SG-7 8/5/2021 <4652 210
Methyl tert-butyl ether SG-8 8/5/2021 651 360
Naphthalene
SG-1 8/5/2021 <4.62
2.8
SG-2 8/5/2021 <4.42
SG-3 8/5/2021 <4.62
SG-4 8/5/2021 <5.52
SG-5 8/5/2021 <4.82
SG-6 8/5/2021 <6.92
SG-7 8/5/2021 <2,2802
SG-8 8/5/2021 <5.52
SG-9 8/5/2021 <4.42
SG-DUP3 8/5/2021 <4.42
SG-10 8/5/2021 <4.22
SG-11 8/5/2021 <4.42
SG-12 8/5/2021 5.8
SG-13 8/5/2021 <5.22
SG-14 8/5/2021 6.0 J
SG-15 8/5/2021 8.6
SG-16 2/17/2022 2.91
1,1,2,2-Tetrachloroethane SG-7 8/5/2021 <3912 1.6
Tetrachloroethene SG-7 8/5/2021 1,740 280
Trichloroethene SG-7 8/5/2021 <2062 14
Trichlorofluoromethane (Freon 11)
SG-1 8/5/2021 1.3 J
NES
SG-2 8/5/2021 1.2 J
SG-3 8/5/2021 0.96 J
SG-4 8/5/2021 1.2 J
SG-5 8/5/2021 2.5 J
SG-6 8/5/2021 1.6 J
SG-8 8/5/2021 2.6 J
Harrelson Ford/25046-21-060/20200706

8
Soil Gas Contaminant Sample Location Date of Sampling
Concentration Exceeding
Screening
Level (µg/m3)
Residential Screening
Level 1
(µg/m3)
Trichlorofluoromethane (Freon 11)
SG-9 8/5/2021 1.5 J
NES
SG-DUP3 8/5/2021 1.5 J
SG-10 8/5/2021 1.5 J
SG-13 8/5/2021 1.5 J
SG-14 8/5/2021 1.6 J
SG-15 8/5/2021 1.4 J
SG-16 2/17/2022 2.57 J
1,2,4-Trimethylbenzene SG-7 8/5/2021 2,150 420
1,3,5-Trimethylbenzene SG-7 8/5/2021 1,810 420
Vinyl Chloride SG-7 8/5/2021 <91.22 5.6
m&p Xylene SG-7 8/5/2021 5,790 700
o-Xylene SG-7 8/5/2021 4,500 700

1 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. If no screening level is established, then the laboratory reporting limit is considered the screening level. 2 Laboratory reporting limit exceeds the Residential Vapor Intrusion Screening Levels. 3SG-DUP collected at SG-9 soil gas location. NES – no established screening level. J – Compound was detected above the laboratory method detection limit, but below the laboratory
reporting limit resulting in a laboratory estimated concentration.

Harrelson Ford/25046-21-060/20200706

9
SUB-SLAB VAPOR
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 version):
Soil Gas Contaminant Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Acetone
SSV-1 2/17/2022 30.1
NES
SSV-2 2/16/2022 38.9
SSV-DUP3 2/16/2022 42.6
SSV-3 2/16/2022 33.5
SSV-4 2/16/2022 33.1
SSV-5 2/17/2022 24.4 J
SSV-6 2/16/2022 398
MP-3 5/16/2022 22
MP-30 5/17/2022 55
Benzene SSV-5 2/17/2022 35.9 12
1,3-Butadiene SSV-5 2/17/2022 22.1 3.1
Chloroform SSV-1 2/17/2022 12.1 4.1 MP-3 5/16/2022 6.9
cis-1,2-Dichloroethene
SSV-5 2/17/2022 13,500
NES
SSV-6 2/16/2022 1.13 J
MP-18 5/16/2022 1,100
MP-DUP4 5/16/2022 990
MP-30 5/17/2022 120
MP-43 5/16/2022 1,500
Ethanol
MP-3 5/16/2022 110 V-06
NES MP-30 5/17/2022 50 V-06
MP-43 5/16/2022 62 V-06
Ethylbenzene SSV-5 2/17/2022 61.6 37
4-Ethyltoluene
SSV-1 2/17/2022 0.555 J
NES
SSV-3 2/16/2022 0.777 J
SSV-5 2/17/2022 11.4 J
SSV-6 2/16/2022 0.600 J
MP-3 5/16/2022 0.81 J
MP-30 5/17/2022 0.83
MP-43 5/16/2022 1.2
Naphthalene SSV-1 2/17/2022 2.81 2.8 SSV-5 2/17/2022 <3.662
Harrelson Ford/25046-21-060/20200706

10
Tetrachloroethene
SSV-1 2/17/2022 523
280
SSV-2 2/16/2022 6,670
SSV-DUP3 2/16/2022 6,440
SSV-3 2/16/2022 1,090
SSV-6 2/16/2022 647
MP-18 5/16/2022 57,000
MP-DUP4 5/16/2022 55,000
MP-43 5/16/2022 4,600
Trichloroethene
SSV-6 2/16/2022 26.9
14
MP-18 5/16/2022 410
MP-DUP4 5/16/2022 370
MP-30 5/17/2022 38
MP-43 5/16/2022 2,000
Trichlorofluoromethane
SSV-1 2/17/2022 1.65 J
NES
SSV-2 2/16/2022 1.12 J
SSV-DUP3 2/16/2022 1.11 J
SSV-3 2/16/2022 1.32 J
SSV-4 2/16/2022 1.43 J
SSV-6 2/16/2022 1.33 J
MP-30 5/17/2022 1.4 J
Vinyl Chloride SSV-5 2/17/2022 11,700 5.6 MP-43 5/17/2022 270

1Screening 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.
2 Laboratory reporting limit exceeds the Residential Vapor Intrusion Screening Levels. 3SSV-DUP collected at SSV-2 sub-slab location.
4MP-DUP collected at MP-18 sub-slab location.
J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration. NES – no established screening level
V-06 – Continuing calibration verification did not meet method specifications and was biased on the high
side for this compound

Exhibit C

Legal Description

Brownfields Property Name: Harrelson Ford
Brownfields Project Number: 25046-21-060

BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on South Boulevard, formerly known as Pineville Road,
and being more particularly described as follows:

BEGINNING at an existing iron rebar (“Beginning Point”) located on the common line of the
property described herein and the property of Sleepy Poet Stuff, Inc. as described in Deed Book
36012, page 725, Mecklenburg County Registry; said found rebar being situated South 02-18-52
West 660.90 feet from a found iron rebar at the northeasterly corner of Mecklenburg County tax
parcel number 173-042-07; thence, from said BEGINNING POINT, in an easterly direction
along the common line of Sleepy Poet Stuff, Inc., SOUTH 88-09-55 EAST 5.25 feet to a point
on the westerly margin of South Boulevard, said right of way margin having a 60-foot width per
Deed Book 3109, page 245, Mecklenburg County Registry; thence, along the westerly right of
way of South Boulevard the following (3) courses and distances: (1) SOUTH 01-56-27 WEST
651.74 feet to a new iron rebar set; (2) SOUTH 03-05-12 WEST 100.02 feet to a new iron rebar
set; and (3) SOUTH 02-46-45 WEST 147.14 feet to a point on the common line of Harrelson
Real Estate Holdings, LLC as described in Deed Book 24311, page 903, Mecklenburg County
Registry; said point being situated North 88-01-52 West 3.16 feet from a surveyors PK nail
found on the westerly concrete curb of South Boulevard on the common lot line of Harrelson
Real Estate Holdings, LLC; thence, along the northerly line of Harrelson Real Estate Holdings,
LLC, NORTH 88-01-52 WEST 327.33 feet (passing a new witness iron rebar set at the edge of
asphalt pavement at 294.44 feet) to a point on the easterly right of way of the Norfolk-Southern
Railway; thence, along the easterly margin of the said railway the following two (2) courses and
distances: (1) NORTH 08-58-12 WEST 664.86 feet to a point; and (2) along a curve to the
right of Radius 2,883.47 feet an arc distance of 247.71 feet (said arc subtended by chord North
06-30-26 West 247.64 feet) to a point on the southerly line of the aforementioned Sleepy Poet
Stuff, Inc; said point being situated (1) South 88-09-55 East 0.68 feet from an iron pipe found
within the railroad right of way on the southerly line of Sleepy Poet Stuff, Inc.; and (2) South
88-09-55 East 21.35 feet from another iron pipe found within the railroad right of way on the
southerly line of Sleepy Poet Stuff, Inc.; thence, along the southerly line of the property of
Sleepy Poet Stuff, Inc. SOUTH 88-09-55 EAST 488.46 feet to the POINT AND PLACE OF
BEGINNING, containing 8.5882 acres, more or less, as shown on a map of survey conducted by
Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated August
31, 2021.