24046 Former MillerCoors NBP for Public Notice 20230727

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Property Owner: Nestle Purina Petcare Company Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Former MillerCoors Brownfields Project Number: 24046-20-079 This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 20___ by Nestle Purina Petcare Company (“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 three parcels totaling approximately 1,358.979 acres and is located at 863 Meadow Road, Rockingham County. MillerCoors and its predecessor companies developed and occupied the Brownfields Property for the production of multiple
varieties of beer between 1978 until manufacturing and packaging operations were discontinued

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on September 1, 2016, and the plant was fully closed in March 2017. Prior to 1978, the Brownfields Property was used for agricultural purposes. The Prospective Developer intends to redevelop the Brownfields Property for no uses other than industrial, office, warehouse, parking, retail, open
space, amenity space, restaurant, entertainment, brewery, food production facility, or solar farm, and with prior written DEQ approval, other commercial and recreational uses (with appropriate measures as required by DEQ). Soil and groundwater 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:
a. No use may be made of the Brownfields Property other than for industrial,
office, warehousing, parking, retail, open space, amenity space, restaurant, entertainment, brewery, food production facility, or solar farm, and with prior written DEQ approval, other

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commercial and recreational uses (with appropriate measures as determined and required by DEQ). For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing, manufacturing, warehousing or distribution of goods or materials, including but not limited to food and pet food. ii. “Office” defined as the provision of business or professional services. iii. “Warehousing” defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. iv. “Solar Farm” defined as an installation of photovoltaic (PV) panels or other means of collecting solar energy for use at the Brownfields Property or distribution onto a
power grid for use by others. v. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. vi. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products. vii. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, walking paths, picnic and public gathering areas, and, with the
prior written approval of DEQ, playgrounds. viii. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater.
ix. “Amenity Space” defined as hardscaped or landscaped courtyard,
swimming pool, pool deck, fire pit, grilling station, seating areas, and common use interior clubhouse. x. “Restaurant” defined as a commercial business establishment that prepares and serves food and/or beverages to patrons.
xi. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. xii. “Brewery or Food Production Facility” defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
xiii. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. Operation of the wastewater treatment plant as depicted on the survey plat
(Exhibit B) for the Brownfields Property generated wastewater treatment or, with prior DEQ
evaluation and approval, other wastewater treatment operations. Operation of the wastewater treatment plant shall be in compliance with all land use restrictions in this Section VII, as well as

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the following requirements without limitation: i. install, and maintain secondary containment, leak detection, and alarm
system, including but not limited to pipe containment; ii. submit for the project file the Safe Operating Procedures for all processes conducted at the treatment facility including but not limited to the Spill, Prevention, Control, and Countermeasure (SPCC) Plan. iii. submit copies of all permits to operate a wastewater treatment facility,
including renewals to the DEQ Brownfields Redevelopment Section in conjunction with the annual land use restriction update. iv. operate the wastewater treatment in compliance with all applicable wastewater treatment permit and regulatory requirements, including the existing National Pollutant Discharge Elimination System (NPDES) permit.
c. 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 the Environmental Reports; 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;
d. In accordance with the Land Use Restriction Update described below in subparagraph 12.m. for each year following 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, unless DEQ agrees otherwise),
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;

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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).
e. 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.c., or a plan approved in writing in advance by DEQ. f. 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” below ground surface; 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.c.

g. 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.c.
h. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:

i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;

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ii. as constituents of articles, products, materials and equipment customarily used and/or stored in connection with permitted uses under this Agreement (including asphalt paving materials customarily associated with parking and driving surfaces), or
under conditions as shall be approved in writing in advance by DEQ in the future with regards to additional uses, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable law; and iii. as constituents of fuels, lubricants, oils or other fluids customarily used in vehicles, machinery, landscaping equipment and emergency generators.
i. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property. j. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
k. The owner of any portion of the Brownfields Property where a solar farm and/or solar equipment exists must comply with any then current statutes and regulations pertaining to management, decommissioning, and disposal of solar cell waste and associated components.
l. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
m. 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
Rockingham 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: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this 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. n. During January of each year after the year in which the Notice referenced

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below in paragraph 17 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 Rockingham County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Rockingham County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year; ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management 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.
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.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 20___. Nestle Purina Petcare Company
By: __________________________________________ William Steiner Factory Manager
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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************************************ 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: Nestle Purina Petcare Company UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Former MillerCoors OF 1997, NCGS § 130A-310.30, et seq. ) 863 East Meadow Road Brownfields Project No. 24046-20-079 ) Eden, Rockingham County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Nestle Purina Petcare Company
(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 863 East Meadow Road, Eden,
Rockingham 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 Nestle Purina Petcare Company, a corporation,
headquartered at Checkerboard Square, Saint Louis, Missouri 63164. Its Factory Manager is
William Steiner 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 Nestle Purina Petcare Company for contaminants at the Brownfields
Property.

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The Parties agree that Nestle Purina Petcare Company’s entry into this Agreement, and
the actions undertaken by Nestle Purina Petcare Company in accordance with the Agreement, do
not constitute an admission of any liability by Nestle Purina Petcare Company for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Nestle Purina Petcare Company 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 Nestle Purina Petcare Company.
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 Address(es) & Parcel
IDs
863 East Meadow Road
Parcel IDs: 7091-00-11-0943-00, 7091-00-41-9281-00, and
7080-07-69-9891-00
Acreage 1,358.979
Current Property Owner Nestle Purina Petcare Company
Current Land Use(s) Former manufacturing
Site Vicinity Land Use(s) Undeveloped, light industrial, commercial, residential
Proposed Reuse(s) Industrial, office, warehouse, parking, retail, open space,

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
amenity space, restaurant, entertainment, brewery, food
production facility, or solar farm, and with prior written DEQ approval, other commercial and recreational uses (with appropriate measures as required by DEQ)
Public Benefits of Reuse Job creation, tax base increase, reuse of idled property, renewable energy, and preserved greenspace
Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources
MillerCoors and its predecessor companies developed and occupied the Brownfields Property for the production of
multiple varieties of beer between 1978 until manufacturing
and packaging operations were discontinued on September 1, 2016, and the plant was fully closed in March 2017. Prior to 1978, the property was used for agricultural purposes. Current Operations/Activities Building renovation
Contaminated Media
Soil: Arsenic was detected in soil above background levels.
Groundwater: One exceedance of NCAC 2L Groundwater Standards (2L Standards) was detected in one well for pentachlorophenol. Metals including arsenic, chromium, iron,
lead, manganese, and selenium were detected above 2L Standards.
ID Numbers/Permits
RCRA Generator ID: NCD085438810 Stormwater Permit: NCG060000
NONCD0003123 East Meadow Road PCP
Above ground storage tank (AST) Incident Numbers associated with the palletizer area include Incident #16694, #19469, #85573, #87676, #95029, #95089, and #95123
Onsite Receptors Considered Workers, surface water, groundwater
Potential Offsite Receptors Considered
Water supply wells: No groundwater contaminants were identified that could potentially affect offsite water supply wells.

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ENVIRONMENTAL INFORMATION SUMMARY
Surface Water: Surface water impacts were not identified.
There are seven surface water bodies on the Brownfields Property, including four unnamed intermittent tributary creeks which drain into former Lake Miller, an additional unnamed intermittent tributary east of the main building, and Dry Creek, which runs along the southern perimeter of the
Brownfields Property.
Potential offsite migration
pathways
Groundwater: No offsite migration pathways identified.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as the
“Environmental Reports,” include, but are not limited to: those that the Prospective Developer
obtained or commissioned regarding the Brownfields Property:
Title Prepared by Date of Report
Brownfields Background Soil Assessment Report Hart & Hickman August 6, 2021
Focused Phase II Environmental Assessment Woodard & Curran March 30, 2021
Phase I Environmental Assessment Woodard & Curran August 2020
Palletizer Investigation Letter Report ONE Environmental March 31, 2017
No. 6 Fuel Oil Tank Containment Investigation Letter Report ONE Environmental March 30, 2017
Soil Gas Survey Letter Report ONE Environmental March 16, 2017
Lagoon Closure Report ONE Environmental March 9, 2017
Phase I Environmental Assessment ERM January 6, 2016

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 September 1, 2020, and
purchasing the Brownfields Property on June 12, 2020.

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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
the North Carolina Department of Justice of all activities related to this Agreement, unless a

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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 over 300 manufacturing jobs;
c. an increase in tax revenue for affected jurisdictions;
d. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”); and
e. use of renewable energy.
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
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make

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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. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.c.below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 17,
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.
a. No use may be made of the Brownfields Property other than for industrial,
office, warehousing, parking, retail, open space, amenity space, restaurant, entertainment,
brewery, food production facility, or solar farm, and with prior written DEQ approval, other
commercial and recreational uses (with appropriate measures as determined and required by

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DEQ). For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing,
manufacturing, warehousing or distribution of goods or materials, including but not limited to
food and pet food.
ii. “Office” defined as the provision of business or professional services.
iii. “Warehousing” defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
iv. “Solar Farm” defined as an installation of photovoltaic (PV) panels or
other means of collecting solar energy for use at the Brownfields Property or distribution onto a
power grid for use by others.
v. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products.
vii. “Recreation” defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, walking paths, picnic and public gathering areas, and, with the
prior written approval of DEQ, playgrounds.

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viii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
ix. “Amenity Space” defined as hardscaped or landscaped courtyard,
swimming pool, pool deck, fire pit, grilling station, seating areas, and common use interior
clubhouse.
x. “Restaurant” defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
xi. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
xii. “Brewery or Food Production Facility” defined as an establishment for
the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
xiii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Operation of the wastewater treatment plant as depicted on the survey plat
(Exhibit B) for the Brownfields Property generated wastewater treatment or, with prior DEQ
evaluation and approval, other wastewater treatment operations. Operation of the wastewater
treatment plant shall be in compliance with all land use restrictions in this Section VII, as well as
the following requirements without limitation:
i. install, and maintain secondary containment, leak detection, and alarm

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system, including but not limited to pipe containment;
ii. submit for the project file the Safe Operating Procedures for all
processes conducted at the treatment facility including but not limited to the Spill, Prevention,
Control, and Countermeasure (SPCC) Plan.
iii. submit copies of all permits to operate a wastewater treatment facility,
including renewals to the DEQ Brownfields Redevelopment Section in conjunction with the
annual land use restriction update.
iv. operate the wastewater treatment in compliance with all applicable
wastewater treatment permit and regulatory requirements, including the existing National
Pollutant Discharge Elimination System (NPDES) permit.
c. 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 the Environmental Reports;
iii. contingency plans for addressing, including without limitation the

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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;
d. In accordance with the Land Use Restriction Update described below in
subparagraph 12.m. for each year following 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, unless DEQ agrees otherwise),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated

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materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. 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.c., or a plan approved in
writing in advance by DEQ.
f. 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”
below ground surface;
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

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EMP as outlined above in subparagraph 12.c.
g. 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.c.
h. 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 articles, products, materials and equipment
customarily used and/or stored in connection with permitted uses under this Agreement
(including asphalt paving materials customarily associated with parking and driving surfaces), or
under conditions as shall be approved in writing in advance by DEQ in the future with regards to
additional uses, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable law; and
iii. as constituents of fuels, lubricants, oils or other fluids customarily used
in vehicles, machinery, landscaping equipment and emergency generators.
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for

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purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
k. The owner of any portion of the Brownfields Property where a solar farm
and/or solar equipment exists must comply with any then current statutes and regulations
pertaining to management, decommissioning, and disposal of solar cell waste and associated
components.
l. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, the owner shall be responsible for repair of any such wells to DEQ’s written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
m. 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
Rockingham 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: (i) If every lease and rider is identical in form, the owner

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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.
n. During January of each year after the year in which the Notice referenced
below in paragraph 17 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 Rockingham County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Rockingham County Register of Deeds office and that
the land use restrictions are being complied with. If the property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
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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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.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
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.

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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 Rockingham 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
Rockingham County land records, Book ________________________, Page
______________________.” A copy of any such instrument shall be sent to the persons listed in
Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law.
Prospective Developer may use the following mechanisms to comply with the obligations 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

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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, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 12.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

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the Brownfields Property Application dated September 1, 2020, 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
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.

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d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
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

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range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
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

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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.a. 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.
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,

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unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)

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N.C. Division of Waste Management Brownfields Redevelopment Section
Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer:
Add Joshua Roesch, (or successor in function) Senior Counsel Nestle Purina Petcare Company Checkerboard Square, Saint Louis, Missouri 63164
William Steiner Factory Manager Nestle Purina Petcare Company 863 East Meadow Road
Eden, North Carolina 27288 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
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.

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XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other 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.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the

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approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________
Bruce Nicholson Date Chief, Brownfields Redevelopment Section Division of Waste Management
IT IS SO AGREED:
Nestle Purina Petcare Company By: ____________________________________________________________________________ William Steiner Date
Title: Factory Manager

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
FORMER MILLERCOORS BREWERY
865 EAST MEADOW ROAD
EDEN, NORTH CAROLINA
DATE: 8-5-21
JOB NO: PPA-065
REVISION NO: 0
FIGURE NO: 1
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
SITE
Path: S:\AAA-Master Projects\Parker Poe Adams (PPA)\PPA-065 Nestle Eden\Background Soil Assessment\Figures\Figure-1.mxdN
U.S.G.S. QUADRANGLE MAP
NORTHEAST EDEN, NC-VA 2019
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
3921 Sunset Ridge Road, Suite 301
Raleigh, North Carolina 27607919-847-4241 (p) 919-847-4261 (f)
License # C-1269 / # C-245 Geology
EXHIBIT 1
24046-20-079/MillerCoors 20230724

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on July 2, 2021. The following table sets forth, for contaminants present at the Brownfields Property above industrial/commercial use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as cleanup 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
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Arsenic
AOC-2-GWP-20 7/14/2020 14.0 J
10
AOC-5-GWP-39 7/14/2020 13.1 J
AOC-7-GWP-43 7/14/2020 15.2 J
BW-3 7/14/2020 10.9 J
Chromium
AOC-2-GWP-20 7/14/2020 22 10 AOC-5-GWP-39 7/14/2020 28.8
Cobalt
AOC-2-GWP-20 7/14/2020 28.6 J
11
AOC-5-GWP-39 7/14/2020 46.4
AOC-7-
GWP-43
7/14/2020 2.7 J
BW-5 7/14/2020 2.7 J
Iron
GWP-20 7/14/2020 18,300
300
GWP-39 7/14/2020 19,100
GWP-43 7/14/2020 1,630
BW-1 7/14/2020 1,160
BW-3 7/14/2020 858
BW-4 7/14/2020 1,540
BW-5 7/14/2020 1,780
24046-20-079/MillerCoors 20230724

2
Lead
GWP-20 7/14/2020 51.0
15 GWP-39 7/14/2020 60.0
GWP-43 7/14/2020 18.2 J
Manganese
GWP-20 7/14/2020 11,600
50
GWP-39 7/14/2020 5,750
GWP-43 7/14/2020 964
BW-1 7/14/2020 168
BW-3 7/14/2020 319
BW-4 7/14/2020 111
BW-5 7/14/2020 550
Pentachlorophenol GWP-10 7/14/2020 24.4 0.3
Selenium BW-5 7/14/2020 25 20
Vanadium
AOC-2-
GWP-20
7/14/2020 31.8
NSE
AOC-5-GWP-34 7/14/2020 1.5 J
AOC-5-
GWP-39
7/14/2020 37.2
AOC-7-GWP-43 7/14/2020 3.9 J
BW-1 7/14/2020 1.7 J
BW-3 7/14/2020 3.7 J
BW-4 7/14/2020 4.9 J
BW-5 7/14/2020 5.6 J
1 Indicates 15A NCAC 02L .0202 Interim Maximum Allowable Concentration (IMAC)
J - Compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration.
NSE – No screening level established SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial/Commercial 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)
Industrial Screening Level1 (mg/kg)
BG-2 1-2 7/2/2021 3.5
24046-20-079/MillerCoors 20230724

3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Industrial
Screening Level1 (mg/kg)
BG-4 1-2 7/2/2021 3.8
BG-5/DUP 1-2 7/2/2021 4.5
DP-1 NA 7/8/2020 5.8 DP-3 NA 7/8/2020 9.5
DP-4 NA 7/8/2020 16.2
Arsenic2
SB-1 3-5 7/8/2020 6.0
SB-2 3-5 7/8/2020 4.0
SB-3 3-5 7/8/2020 6.4
SB-4 3-5 7/8/2020 4.7
SB-5 2-4 7/7/2020 6
SB-6 3-5 7/7/2020 8.2
SB-8 2-4 7/7/2020 6.8
SB-19
0-2 7/9/2020 3.5
3-5 7/9/2020 7.8
6-7 7/9/2020 11.0
SB-20 3-5 7/9/2020 9.3
6-7 7/9/2020 <3.5
SB-21 0-2 7/9/2020 5.4
SB-22 0-2 7/9/2020 12.6
3-5 7/9/2020 5.6
SB-23
0-2 7/9/2020 8.0
3-5 7/9/2020 13.2
8-9 7/9/2020 5.0
SB-28
0-2 7/9/2020 6.7
3-5 7/9/2020 12.6
8-10 7/9/2020 17.5
SB-29
0-2 7/9/2020 7.1
3-5 7/9/2020 7.1
8-10 7/9/2020 10.7
SB-30
0-2 7/9/2020 6.5
3-5 7/9/2020 8.9
8-10 7/9/2020 4.8
SB-31
0-2 7/9/2020 17.1
3-5 7/9/2020 16.7
8-10 7/9/2020 4.0
24046-20-079/MillerCoors 20230724

4
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Industrial
Screening Level1 (mg/kg)
SB-32 0-2 7/9/2020 5.5
3-5 7/9/2020 6.9
SB-33 0-2 7/9/2020 10.0
5-7 7/9/2020 4.4
SB-34 3-5 7/10/2020 6.4
8-10 7/10/2020 11.8
SB-35
0-2 7/10/2020 4.9
3-5 7/10/2020 7.8
8-10 7/10/2020 10.1
SB-36 0-2 7/9/2020 11.9
SB-37 0-2 7/9/2020 13.3
3-5 7/9/2020 3.8 J
SB-38
0-2 7/9/2020 4.8
3-5 7/9/2020 8.9
8-10 7/9/2020 4.5
SB-39
0-2 7/9/2020 6.6
3-5 7/9/2020 9.2
8-10 7/9/2020 9.0
SB-40 0-1.5 7/7/2020 6.2
SB-41 0-2 7/7/2020 3.2 J
SB-42 0-2 7/7/2020 3.7 J
SB-43 0-2 7/10/2020 7.9
SB-45 0-2 7/7/2020 13.2
SB-46 0-2 7/10/2020 10.1
SB-48 0-2 7/6/2020 3.1 J
2-3.5 7/6/2020 3.8
SB-49 0-1 7/6/2020 4.8
SB-50 0-2 7/6/2020 7.2
SB-51 0-2 7/7/2020 22.2
2-4 7/7/2020 5.1
SB-52 0-1.5 7/8/2020 7.4
SB-53 0-2 7/8/2020 5.4
Colbalt SB-52 0-1.5 7/8/2020 70.3
70 Chromium
SB-40 0-1.5 7/7/2020 18.0
SB-41 0-2 7/7/2020 26.9
SB-42 0-2 7/7/2020 31.3
SB-43 0-2 7/7/2020 44.3
24046-20-079/MillerCoors 20230724

5
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Industrial
Screening Level1 (mg/kg)
2-4 7/7/2020 10.6
p-Isopropyltoluene SB-46 0-2 7/10/2020 5.7 NE
Thallium
SB-19 0-2 7/8/2020 2.4 J
2.3
6-7 7/8/2020 2.6 J
SB-20 0-2 7/8/2020 5.0 J
SB-33 0-2 7/9/2020 2.5 J
5-7 7/9/2020 4.4
SB-35 8-10 7/10/2020 2.4 J
SB-38 0-2 7/9/2020 3.4 J
SB-39 3-5 7/9/2020 2.7 J
SB-39 8-10 7/9/2020 3.4 J
SB-45 0-2 7/7/2020 4.0 J
SB-51 2-4 7/7/2020 2.9 J
SB-52 1.5-3 7/8/2020 2.5 J
TPH- DRO SB-5 8-10 11/11/2016 364 1003
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. 2Background soil arsenic concentrations range from 1.2-4.5 mg/kg (Background arsenic samples: BG-1,
BG-2, BG-3, BG-4, and BG-5). 3 The listed screening levels for TPH GRO and DRO are “Action Limits” from the UST Section Guidelines for North Carolina Action Limits for Total Petroleum Hydrocarbons (TPH) memorandum dated July 26, 2016. J - Compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration. NA – Composited soil samples collected from soil stockpile – depth not indicated NE – No established screening level
TractThree713-388,709-246and713-387TractI
718-961
Tract II
718-961
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YellowHatchedAreaistheextentsoftheAEZoneVicinityMapNottoScaleMISCELLANEOUSNOTES:EXHIBITBtotheNoticeofBrownfieldsProperty-SURVEYPLATTOTALCOMBINEDAREA:OBSERVEDADDRESS:FLOODNOTE:LEGENDBygraphicplottingonly,thispropertyisinZone(s)_______oftheFloodInsuranceRateMap,CommunityPanel#3711708000J,3711709000J&3711708100Jwhichbearsaneffectivedateof_________andispartiallyinaSpecialFloodHazardArea.CommunityID#370206CERTIFICATEFormerMillerCoorsBreweryBrownfieldsNo.24046-20-079865E.MeadowRd,Eden,NCCurrentOwner&ProspectiveDeveloper:NestlePurinaPetcareCompanyPINs708007699891,709100110943,&709100419281RockinghamCountyNorthCarolinaDate:08/16/2021Scale:1"=500'To:Icertifythatthismapwasdrawnundermysupervisionfromanactualsurveymadeundermysupervision,describedinthenotedprovidedtitle;thattheboundariesnotsurveyedareindicatedasdrawnfrominformationofrecordforadjoiningproperties;thattheratioofprecisionorpositionalaccuracyis1:20,000';andthatthismapmeetstherequirementsofTheStandardsofPracticeforLandSurveyinginNorthCarolina(21NCAC56.1600).________________________________JimmyF.Cain,PLSL-2498LastRevision:09/10/2021865E.MeadowRd,Eden,NC1358.979Ac±59,197,146.9Sqft±"X"&"AE"07/03/07PRELIMINARYMAPNotforRecordation,ConveyancesorsalesCainSurveying,P.C.LicenseNo.C-44916333N.C.Highway#242SouthBladenboro,N.C.28320(910)648-4509Office(910)648-4389FaxThisisaBrownfieldsPlat.BearingbasisisN.C.G.S.GridNorth(NAD83)2011Alldistancesarehorizontalgrounddistances.PropertyiszonedI-2,Industrial,TownofEdenzoning.Areabycoordinategeometry.Allundergroundutilitiesshownwereplottedfrommapsprovidedandactualabovegroundlocation.Noundergroundinvestigationhasbeenperformed.Noevidenceofanyrecentearthmovingwork,buildingconstructionorbuildingadditionswithintherecentmonths.Noapparentchangesinthestreetright-of-waylines,eithercompletedorproposed.Noobservedevidenceofrecentstreetofsidewalkconstruction.Noevidencethatanyportionofthepropertyisbeingusedasacemetery.Fromabovegroundappurtenancesonlyasshownhereon,electric,gas,sanitarysewerandwaterlinesand/orserviceisavailabletothesubjectpropertywithinadedicatedstreetoreasement.PropertyhasdirectaccesstoMAINSTREET,ROUNDHOUSEROAD,E.MEADOWSTREET&SUMMITRD,dedicatedpublicright-of-way.THEAREASANDTYPESOFCONTAMINATIONSDEPICTEDHEREONAREAPPROXIMATIONSDERIVEDFROMTHEBESTAVAILABLEINFORMATIONATTHETIMEOFFILING.ALISTINGOFTECHNICALREPORTSUSEDTOPREPARETHISPLATAREAVAILABLEINTHEBROWNFIELDSAGREEMENTFORTHISPROPERTY.POBPOC-PointofBeginning-WaterValve-PointofCommencement-Right-of-way-Manhole-Fenceline-FireHydrant-PowerBox-DrainageInlet-Centerline-SecurityLight-HandicapSpace-PowerPole-TelephonePedestal-ConcreteMonument-Right-of-wayMonument-FoundIronStake-DefaultNode-WaterMeter-x-RWLCCO-CleanOutEMEADOWSTREETSUMMITRDMAINSTCASCADEAVEFRIENDLYRD
NC87
VIRGINIANORTHCAROLINASITERailsFHPIN#709100419281SHEET1OF2GeoprobeSampleLocationDebrisPileSampleLocationBedrockMonitoringWellLocationSoilBoringLocation-Brownfield'sProperty-BoundaryLine770SOLARVENTURESLLCDeedBookLR20Page2557PIN#1336-00-7267PittsylvaniaCounty,VA
LANDUSERESTRICTIONS________________forthepurposesofN.C.G.S.§130A-310.35_________________________________________________________________BruceNicholson,ChiefDateBrownfieldsRedevelopmentSectionDivisionofWasteManagementStateofNorthCarolinaCountyofWakeSHEET2OF2NCGS§130A-310.35(a)alsorequiresthattheNoticeidentifyanyrestrictionsonthecurrentandfutureuseoftheBrownfieldsPropertythatarenecessaryorusefultomaintainthelevelofprotectionappropriateforthedesignatedcurrentorfutureuseoftheBrownfieldsPropertyandthataredesignatedintheBrownfieldsAgreement.TherestrictionsshallremaininforceinperpetuityunlesscanceledbytheSecretaryofDEQ(oritssuccessorinfunction),orhis/herdesignee,afterthehazardshavebeeneliminated,pursuanttoNCGS§130A-310.35(e).AllreferencestoDEQshallbeunderstoodtoincludeanysuccessorinfunction.Thelanduserestrictionsbelowhavebeenexcerptedverbatimfromparagraph12oftheBrownfieldsAgreement,andallsubparagraphletters/numbersarethesameasthoseusedintheBrownfieldsAgreement.ThefollowinglanduserestrictionsareherebyimposedontheBrownfieldsProperty:VII.LANDUSERESTRICTIONS12.BywayoftheNoticeofBrownfieldsPropertyreferencedbelowinparagraph17,ProspectiveDevelopershallimposethefollowinglanduserestrictionsundertheAct,runningwiththeland,tomaketheBrownfieldsPropertysuitablefortheusesspecifiedinthisAgreementwhilefullyprotectingpublichealthandtheenvironmentinsteadofremediationtounrestrictedusestandards.a.NousemaybemadeoftheBrownfieldsPropertyotherthanforindustrial,office,warehousing,parking,retail,openspace,amenityspace,restaurant,entertainment,brewery,foodproductionfacility,orsolarfarm,andwithpriorwrittenDEQapproval,othercommercialandrecreationaluses(withappropriatemeasuresasdeterminedandrequiredbyDEQ).Forpurposesofthisrestriction,thefollowingdefinitionsapply:i.“Industrial”definedastheassembly,fabrication,processing,manufacturing,warehousingordistributionofgoodsormaterials,includingbutnotlimitedtofoodandpetfood.ii.“Office”definedastheprovisionofbusinessorprofessionalservices.iii.“Warehousing”definedastheuseofacommercialbuildingforstorageofgoodsbymanufacturers,importers,exporters,wholesalers,transportbusinessesamongothers,andalsoreferstothestorageofgoodsandmaterialsforaspecificcommercialestablishmentofagroupofestablishmentsinaparticulartypeofindustryorcommercialactivity.iv.“SolarFarm”definedasaninstallationofphotovoltaic(PV)panelsorothermeansofcollectingsolarenergyforuseattheBrownfieldsPropertyordistributionontoapowergridforusebyothers.v.“Parking”definedasthetemporaryaccommodationofmotorvehiclesinanareadesignedforsame.vi.“Retail”definedasthesaleofgoodsorservices,products,ormerchandisedirectlytotheconsumerorbusinessesandincludesshowrooms,personalservice,andthesalesoffoodand/orbeverageproducts.vii.“Recreation”definedasindoorandoutdoorexercise-related,physicallyfocused,orleisure-relatedactivities,whetheractiveorpassive,andthefacilitiesforsame,including,butnotlimitedto,studios,swimmingpools,sports-relatedcourtsandfields,openspace,greenways,parks,walkingpaths,picnicandpublicgatheringareas,and,withthepriorwrittenapprovalofDEQ,playgrounds.viii.“OpenSpace”definedaslandmaintainedinanaturalorlandscapedstateandusedfornaturalresourceprotection,buffers,greenways,ordetentionfacilitiesforstormwater.ix.“AmenitySpace”definedashardscapedorlandscapedcourtyard,swimmingpool,pooldeck,firepit,grillingstation,seatingareas,andcommonuseinteriorclubhouse.x.“Restaurant”definedasacommercialbusinessestablishmentthatpreparesandservesfoodand/orbeveragestopatrons.xi.“Entertainment”definedasprivate,public,andcommunityactivities(suchas,forexample,festivals,theater,musicaleventsorshows),whichmayincludefoodandbeverageservice.xii.“BreweryorFoodProductionFacility”definedasanestablishmentforthemanufacture,saleand/ordistributionofbeveragesorfoodproducts,includingwithoutlimitationbeerandale,togetherwithassociatedpublicroadwaysandrelatedinfrastructure.xiii.“Commercial”definedasanenterprisecarriedonforprofitornonprofitbytheowner,lesseeorlicensee.b.Operationofthewastewatertreatmentplantasdepictedonthesurveyplat(ExhibitB)fortheBrownfieldsPropertygeneratedwastewatertreatmentor,withpriorDEQevaluationandapproval,otherwastewatertreatmentoperations.OperationofthewastewatertreatmentplantshallbeincompliancewithalllanduserestrictionsinthisSectionVII,aswellasthefollowingrequirementswithoutlimitation:i.install,andmaintainsecondarycontainment,leakdetection,andalarmsystem,includingbutnotlimitedtopipecontainment;ii.submitfortheprojectfiletheSafeOperatingProceduresforallprocessesconductedatthetreatmentfacilityincludingbutnotlimitedtotheSpill,Prevention,Control,andCountermeasure(SPCC)Plan.iii.submitcopiesofallpermitstooperateawastewatertreatmentfacility,includingrenewalstotheDEQBrownfieldsRedevelopmentSectioninconjunctionwiththeannuallanduserestrictionupdate.iv.operatethewastewatertreatmentincompliancewithallapplicablewastewatertreatmentpermitandregulatoryrequirements,includingtheexistingNationalPollutantDischargeEliminationSystem(NPDES)permit.c.PhysicalredevelopmentoftheBrownfieldsPropertymaynotoccurotherthaninaccord,asdeterminedbyDEQ,withanEnvironmentalManagementPlan(“EMP”)approvedinwritingbyDEQinadvance(andrevisedtoDEQ'swrittensatisfactionpriortoeachsubsequentredevelopmentphase)thatisconsistentwithalltheotherlanduserestrictionsanddescribesredevelopmentactivitiesattheBrownfieldsProperty,thetimingofredevelopmentphases,andaddresseshealth,safetyandenvironmentalissuesthatmayarisefromuseoftheBrownfieldsPropertyduringconstructionorredevelopmentinanyotherform,includingwithoutlimitation:i.demolitionofexistingbuildings,ifapplicable;ii.issuesrelatedtoknownorpotentialsourcesofcontamination,includingwithoutlimitationthoseresultingfromcontaminationidentifiedintheEnvironmentalReports;iii.contingencyplansforaddressing,includingwithoutlimitationthetestingofsoilandgroundwater,newlydiscoveredpotentialsourcesofenvironmentalcontamination(e.g.,USTs,tanks,drums,septicdrainfields,oil-waterseparators,soilcontamination);andiv.plansforthepropercharacterizationandDEQapprovalofbothfillsoilbeforeimporttotheBrownfieldsPropertyandthedispositionofallsoilexcavatedfromtheBrownfieldsPropertyduringredevelopment;d.InaccordancewiththeLandUseRestrictionUpdatedescribedbelowinsubparagraph12.m.foreachyearfollowingtheeffectivedateofthisAgreementforaslongasphysicalredevelopmentoftheBrownfieldsPropertycontinues(exceptthatthefinaldeadlineshallfall90daysaftertheconclusionofphysicalredevelopment,unlessDEQagreesotherwise),thethenowneroftheBrownfieldsPropertyshallprovideDEQareportsubjecttowrittenDEQapprovalonenvironment-relatedactivitiessincethelastreport,withasummaryanddrawings,thatdescribes:i.actionstakenontheBrownfieldsPropertyinaccordancewithSectionVI:WorktobePerformedabove;ii.soilgradingandcutandfillactions;iii.methodology(ies)employedforfieldscreening,samplingandlaboratoryanalysisofenvironmentalmedia;iv.stockpiling,containerizing,decontaminating,treating,handling,laboratoryanalysisandultimatedispositionofanysoil,groundwaterorothermaterialssuspectedorconfirmedtobecontaminatedwithregulatedsubstances;andv.removalofanycontaminatedsoil,waterorothercontaminatedmaterials(forexample,concrete,demolitiondebris)fromtheBrownfieldsProperty(copiesofalllegallyrequiredmanifestsshallbeincluded).e.GroundwaterattheBrownfieldsPropertymaynotbeusedforanypurposewithoutthepriorwrittenapprovalofDEQalongwithanymeasuresDEQdeemsnecessarytoensurethattheBrownfieldsPropertywillbesuitablefortheusesspecifiedinsubparagraph12.a.abovewhilefullyprotectingpublichealthandtheenvironment.ShouldgroundwaterbeencounteredorexposedduringanyactivityontheBrownfieldsProperty,itshallbemanagedinaccordancewiththeDEQ-approvedEMPoutlinedinsubparagraph12.c.,oraplanapprovedinwritinginadvancebyDEQ.f.NoactivitythatdisturbssoilontheBrownfieldsPropertymayoccurunlessanduntilDEQstatesinwriting,inadvanceoftheproposedactivity,thatsaidactivitymayoccurifcarriedoutalongwithanymeasuresDEQdeemsnecessarytoensuretheBrownfieldsPropertywillbesuitablefortheusesspecifiedinsubparagraph12.a.abovewhilefullyprotectingpublichealthandtheenvironment,except:i.inconnectionwithlandscapeplantingtodepthsnotexceeding24”belowgroundsurface;ii.mowingandpruningofabove-groundvegetation;iii.forrepairofundergroundinfrastructure,providedthatDEQshallbegivenwrittennoticeatleastsevendaysinadvanceofascheduledrepair(ifonlybyemail)ofanysuchrepair,orinemergencycircumstancesnolaterthanthenextbusinessday,andthatanyrelatedassessmentandremedialmeasuresrequiredbyDEQshallbetaken;andiv.inconnectiontoworkconductedinaccordancewithaDEQ-approvedEMPasoutlinedaboveinsubparagraph12.c.g.Soilmaynotberemovedfrom,orbroughtonto,theBrownfieldsPropertywithoutpriorsamplingandanalysistoDEQ'ssatisfactionandthewrittenapprovalofDEQ,unlessconductedinaccordancewithanapprovedEMPasoutlinedaboveinsubparagraph12.c.h.NoneofthecontaminantsknowntobepresentintheenvironmentalmediaattheBrownfieldsProperty,asdescribedinExhibit2ofthisAgreementandasmodifiedbyDEQinwritingifadditionalcontaminantsinexcessofapplicablestandardsarediscoveredattheBrownfieldsProperty,maybeusedorstoredattheBrownfieldsPropertywithoutthepriorwrittenapprovalofDEQ,except:i.indeminimisquantitiesforcleaningandotherroutinehousekeepingandmaintenanceactivities;ii.asconstituentsofarticles,products,materialsandequipmentcustomarilyusedand/orstoredinconnectionwithpermittedusesunderthisAgreement(includingasphaltpavingmaterialscustomarilyassociatedwithparkinganddrivingsurfaces),orunderconditionsasshallbeapprovedinwritinginadvancebyDEQinthefuturewithregardstoadditionaluses,providedsuchproductsandmaterialsarestoredinoriginalretailpackagingandusedanddisposedofinaccordancewithapplicablelaw;andiii.asconstituentsoffuels,lubricants,oilsorotherfluidscustomarilyusedinvehicles,machinery,landscapingequipmentandemergencygenerators.i.NeitherDEQ,noranypartyconductingenvironmentalassessmentorremediationattheBrownfieldsPropertyatthedirectionof,orpursuanttoapermit,orderoragreementissuedorenteredintobyDEQ,maybedeniedaccesstotheBrownfieldsPropertyforpurposesofconductingsuchassessmentorremediation,whichistobeconductedusingreasonableeffortstominimizeinterferencewithauthorizedusesoftheBrownfieldsProperty.j.TheBrownfieldsPropertymaynotbeusedforchildcarecenters,adultcarecenters,orschoolswithoutthepriorwrittenapprovalofDEQ.k.TheownerofanyportionoftheBrownfieldsPropertywhereasolarfarmand/orsolarequipmentexistsmustcomplywithanythencurrentstatutesandregulationspertainingtomanagement,decommissioning,anddisposalofsolarcellwasteandassociatedcomponents.l.TheownerofanyportionoftheBrownfieldsPropertywhereanyexisting,orsubsequentlyinstalled,DEQ-approvedmonitoringwellisdamagedbytheowner,itscontractors,oritstenants,theownershallberesponsibleforrepairofanysuchwellstoDEQ'swrittensatisfactionandwithinatimeperiodacceptabletoDEQ,unlesscompliancewiththisLandUseRestrictioniswaivedinwritingbyDEQinadvance.m.AnydeedorotherinstrumentconveyinganinterestintheBrownfieldsPropertyshallcontainthefollowingnotice:“ThispropertyissubjecttotheBrownfieldsAgreementattachedasExhibitAtotheNoticeofBrownfieldsPropertyrecordedintheRockinghamCountylandrecords,Book____,Page____.”AcopyofanysuchinstrumentshallbesenttothepersonslistedinSectionXVII(NoticesandSubmissions),thoughfinancialfiguresandotherconfidentialinformationrelatedtotheconveyancemayberedactedtotheextentsaidredactionscomplywiththeconfidentialityandtradesecretprovisionsoftheNorthCarolinaPublicRecordsLaw.Theownermayusethefollowingmechanismstocomplywiththeobligationsofthisparagraph:(i)Ifeveryleaseandriderisidenticalinform,theownerconveyinganinterestmayprovideDEQwithcopiesofaformleaseorriderevidencingcompliancewiththisparagraph,inlieuofsendingcopiesofactual,executedleases,tothepersonslistedinSectionXVII(NoticesandSubmissions);or(ii)Theownerconveyinganinterestmayprovideabstractsofleases,ratherthanfullcopiesofsaidleases,tothepersonslistedinSectionXVII.n.DuringJanuaryofeachyearaftertheyearinwhichtheNoticereferencedbelowinparagraph17isrecorded,theownerofanypartoftheBrownfieldsPropertyasofJanuary1stofthatyearshallsubmitanotarizedLandUseRestrictionsUpdate(“LURU”)toDEQ,andtothechiefpublichealthandenvironmentalofficialsofRockinghamCounty,certifyingthat,asofsaidJanuary1st,theNoticeofBrownfieldsPropertycontainingtheselanduserestrictionsremainsrecordedattheRockinghamCountyRegisterofDeedsofficeandthatthelanduserestrictionsarebeingcompliedwith.Ifthepropertyistransferred,thegrantorshallsubmitaLURU(asoutlinedabove)whichcoverstheperiodoftimetheyownedtheproperty.ThesubmittedLURUshallstatethefollowing:i.theBrownfieldsPropertyaddress,andthename,mailingaddress,telephonenumber,andcontactperson'se-mailaddressoftheowner,orboard,associationorapprovedentity,submittingtheLURUifsaidowner,oreachoftheownersonwhosebehalfajointLURUissubmitted,acquiredanypartoftheBrownfieldsPropertyduringthepreviouscalendaryear;ii.thetransferee'sname,mailingaddress,telephonenumber,andcontactperson'se-mailaddress,ifsaidowner,oreachoftheownersonwhosebehalfajointLURUissubmitted,transferredanypartoftheBrownfieldsPropertyduringthepreviouscalendaryear.13.Thedesiredresultoftheabove-referencedlanduserestrictionsistomaketheBrownfieldsPropertysuitablefortheusesspecifiedinthisAgreementwhilefullyprotectingpublichealthandtheenvironment.14.TheconsequenceofachievingthedesiredresultswillbethattheBrownfieldsPropertywillbesuitablefortheusesspecifiedintheAgreementwhilefullyprotectingpublichealthandtheenvironment.Theconsequenceofnotachievingthedesiredresultswillbethatmodificationstolanduserestrictionsand/orremediationinsomeformmaybenecessarytofullyprotectpublichealthand/ortheenvironment.
EXHIBIT C
Former MillerCoors
BF# 24046-20-079
The Land referred to herein below is situated in the County of Rockingham, State of North Carolina, and
is described as follows:

TRACT ONE:
BEING A TRACT OF LAND 1357.79 ACRES, MORE OR LESS, IN LEAKSVILLE TOWNSHIP,
ROCKINGHAM COUNTY, NORTH CAROLINA, BOUNDED BY MEADOW ROAD (NC STATE
ROAD #770) AND PROPERTY OWNED BY SPRAY COTTON MILLS, INC., ON THE SOUTH;
SUMMIT ROAD, PROPERTY OWNED BY POWELL, HENRY RAEFIELD ON THE WEST;
PROPERTY OWNED BY HERBERT HOPPER, JOE SCALES, AND THE VIRGINIA STATE LINE
ON THE NORTH; AND, MAIN STREET, PROPERTY OWNED BY LAWSON, LACY HALL,
HERMAN PATTERSON, SLAYTON AND CEDRICK WILLARD ON THE EAST; AND MORE
SPECIFICALLY DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON STAKE IN THE NORTH MARGIN OF THE RIGHT OF WAY OF
EASTERN STREET (STATE ROAD #1774) AT THE SOUTHWEST CORNER OF PROPERTY
OWNED BY W. SMART, SAID BEGINNING POINT ALSO BEING SITUATE AT THE
EASTERNMOST CORNER OF PROPERTY CONVEYED TO SPRAY COTTON MILLS, INC., IN
DEED BOOK 694, PAGE 902, ROCKINGHAM COUNTY PUBLIC REGISTRY; RUNNING THENCE
FROM SAID BEGINNING POINT THE FOLLOWING CALLS ALONG THE EAST LINE OF THE
SPRAY COTTON MILLS PROPERTY: NORTH 23°53' WEST 133.01 FEET; NORTH 37°21' WEST
159.23 FEET; NORTH 23°19' WEST 154.10 FEET; AND, NORTH 9°52' WEST 394.73 FEET TO A
POINT SITUATED AT THE NORTHEAST CORNER OF THE SPRAY COTTON MILLS, INC.
PROPERTY; THENCE WITH THE NORTH LINE OF THE SPRAY COTTON MILLS, INC.
PROPERTY, SOUTH 78°53' WEST 792.12 FEET AND SOUTH 85°26' WEST 1,281.15 FEET TO THE
NORTHWEST CORNER OF THE SPRAY COTTON MILLS, INC. PROPERTY; THENCE
CONTINUING WITH THE SPRAY COTTON MILLS, INC. WEST LINE, SOUTH 0°52' WEST 867.34
FEET TO A POINT; THENCE SOUTH 73°15' WEST 415.79 FEET TO A POINT; THENCE SOUTH
16°45' EAST 1300 FEET TO A POINT IN THE NORTHERN MARGIN OF MEADOW ROAD (N.C.
STATE ROAD 770); THENCE WITH THE NORTHERN MARGIN OF MEADOW ROAD THE
FOLLOWING COURSES AND DISTANCES: SOUTH 73°14'40" WEST 2362.50 FEET; SOUTH
74°26'10" WEST
186.96 FEET; SOUTH 80'5'20" WEST 210.67 FEET; SOUTH 84°16'30" WEST 646.55 FEET; AND,
SOUTH 83°53' WEST 336.01 FEET TO AN IRON IN THE NORTH MARGIN OF THE RIGHT OF
WAY OF SAID MEADOW ROAD; THENCE LEAVING THE NORTH MARGIN OF THE RIGHT OF
WAY OF MEADOW ROAD AND TURNING IN A NORTHERN DIRECTION, NORTH 3°37'20"
WEST 605.50 FEET TO AN IRON STAKE IN THE EAST LINE OF JARRETT; THENCE
CONTINUING WITH JARRETT'S EAST LINE, NORTH 4°38'50" EAST 470 FEET TO AN IRON;
THENCE NORTH 5°58'20" EAST 591 FEET TO AN IRON AT THE NORTHEAST CORNER OF
PROPERTY OWNED BY JARRETT; THENCE WITH JARRETT'S NORTH LINE, NORTH 89°22'50"
WEST 974.50 FEET TO AN IRON IN THE EAST MARGIN OF THE RIGHT OF WAY OF SUMMIT
ROAD, JARRETT'S NORTHWEST CORNER; THENCE WITH THE EAST RIGHT OF WAY LINE
OF SUMMIT ROAD, NORTH 10°1'20" WEST 239.45 FEET AND NORTH 26°45'50" WEST 99.93
FEET TO A POINT IN THE EAST MARGIN OF THE RIGHT OF WAY OF SUMMIT ROAD AT
PULLIAM'S SOUTHWEST CORNER; THENCE WITH PULLIAM'S SOUTH LINE, NORTH
63°13'10" EAST 300 FEET TO AN IRON STAKE AT PULLIAM'S SOUTHEAST CORNER; THENCE
WITH PULLIAM'S EAST LINE, NORTH 26°46' WEST 129.71 FEET TO A POINT AT THE
SOUTHWEST CORNER OF PROPERTY CONVEYED TO NORTHWESTERN ENGINEERING
CORPORATION IN BOOK 694, PAGE 772; THENCE WITH THE SOUTH LINE OF
NORTHWESTERN ENGINEERING CORPORATION, NORTH 46°15'51" EAST 280 FEET TO A
POINT; THENCE WITH NORTHWESTERN
ENGINEERING CORPORATION'S EAST LINE, NORTH 38°20' WEST 300 FEET TO A POINT IN
THE SOUTH RIGHT OF WAY OF AN UNNAMED STREET DEDICATED IN BOOK 685, PAGE
840, ROCKINGHAM COUNTY PUBLIC REGISTRY; THENCE WITH THE SOUTH RIGHT OF
WAY LINE OF SAID UNNAMED STREET AND WITH THE NORTH LINE OF NORTHWESTERN
ENGINEERING CORPORATION, SOUTH 47°6'34" WEST 280 FEET TO THE NORTHWEST
CORNER OF THE NORTHWESTERN ENGINEERING CORPORATION; THENCE ALONG THE
WESTERN LINE OF NORTHWESTERN ENGINEERING CORPORATION; SOUTH 38°33' EAST
224.32 FEET TO A POINT, CORNER WITH PULLIAM; THENCE WITH THE LINE OF PULLIAM,
SOUTH 51°54' WEST 299.77 FEET TO A POINT IN THE EASTERN MARGIN OF SUMMIT ROAD;
THENCE WITH THE EASTERN MARGIN OF SUMMIT ROAD, NORTH 38°22' WEST 199.30 FEET
TO A POINT IN THE
SOUTHERN MARGIN OF THE UNNAMED STREET REFERRED TO ABOVE; THENCE
CONTINUING ALONG THE EASTERN MARGIN OF SUMMIT ROAD ACROSS SAID UNNAMED
STREET, NORTH 44°10' WEST 60.01 FEET TO A POINT; THENCE STILL WITH THE EASTERN
MARGIN OF SUMMIT ROAD, NORTH 47°2' WEST 199.18 FEET TO A POINT, CORNER WITH
POWELL; THENCE WITH THE LINE OF POWELL, NORTH 44°38'50" EAST 293.38 FEET TO A
POINT, THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO SOUTHEASTERN
WAREHOUSING DISTRIBUTION CENTER BY DEED RECORDED IN THE ROCKINGHAM
COUNTY REGISTRY IN BOOK 685, PAGE 841; THENCE WITH THE LINE OF SOUTHEASTERN
WAREHOUSING DISTRIBUTION CENTER, SOUTH 46°51' EAST 211.7 FEET TO A POINT IN
THE
NORTHERN MARGIN OF SAID UNNAMED STREET; THENCE WITH THE NORTHERN
MARGIN OF SAID UNNAMED STREET, NORTH 47°6'34" EAST 637.67 FEET TO A POINT, THE
SOUTHEAST CORNER OF SOUTHEASTERN WAREHOUSING DISTRIBUTION CENTER;
THENCE NORTH 43°53'26" WEST 397.68 FEET WITH THE EAST LINE OF THE
SOUTHEASTERN WAREHOUSING PROPERTY TO A POINT; THENCE NORTH 88°23'10" WEST
442.49 FEET WITH THE NORTH LINE OF THE SOUTHEASTERN WAREHOUSING PROPERTY
TO A POINT IN THE EAST LINE OF PROPERTY OWNED BY POWELL; THENCE WITH
POWELL'S EAST LINE, NORTH 8°45' WEST 859.33 FEET TO AN OLD SET STONE, CORNER
WITH PROPERTY FORMERLY OWNED BY W.B. LIGHT; THENCE WITH LIGHT'S EAST LINE,
NORTH 16°30'10" WEST 1230.19
FEET TO AN IRON & MONUMENT; THENCE NORTH 14°50'40" WEST 1082.81 FEET TO AN
IRON & MONUMENT FOUND, CORNER WITH HENRY RAEFIELD; THENCE WITH
RAEFIELD'S EAST LINE, NORTH 16°01'50" WEST 336.06 FEET TO AN IRON STAKE; THENCE
TURNING IN AN EASTERLY DIRECTION, NORTH 80°33'30" EAST 317.69 FEET TO AN IRON
STAKE; NORTH 80°48'10" EAST 267.03 FEET TO AN IRON STAKE; SOUTH 87°59' EAST 265.93
FEET TO AN IRON; THENCE NORTH 2°1' EAST 581.28 FEET TO AN IRON WITHIN THE RIGHT
OF WAY LINE OF N.C. STATE ROAD #1715; THENCE A LINE WITHIN THE RIGHT OF WAY OF
N.C. STATE ROAD #1715, SOUTH 87°58' EAST 520.71 FEET TO A POINT AND SOUTH 81°3'
EAST 203.10 FEET TO AN IRON; THENCE NORTH 81°47 EAST 508.30 FEET TO AN IRON,
CORNER WITH HERBERT HOPPER; THENCE WITH HOPPER'S SOUTH LINE, SOUTH 40°59'
EAST 242.22 FEET TO AN
IRON AND NORTH 77°26' EAST 669.10 FEET TO AN IRON; THENCE CONTINUING WITH
HOPPER'S SOUTH LINE, NORTH 30° EAST 600.70 FEET TO AN IRON STAKE, HOPPER'S
SOUTHEAST CORNER AND JOE SCALES' SOUTHWEST CORNER; THENCE WITH SCALES'
SOUTH LINE, NORTH 80°28'10" EAST 657.76 FEET TO A POST OAK AND NORTH 73°36'40"
EAST 1874.50 FEET TO AN IRON STAKE, CORNER WITH JOE SCALES; THENCE WITH
SCALES' EAST LINE, NORTH 4°58'20" EAST 589.17 FEET TO A WHITE OAK; THENCE NORTH
64°0'40" EAST 544 FEET TO AN IRON STAKE; THENCE NORTH 8°5'30" WEST 532 FEET TO AN
IRON STAKE, CORNER WITH JOE SCALES IN THE NORTH CAROLINA-VIRGINIA STATE
LINE; THENCE WITH THE NORTH CAROLINA-VIRGINIA STATE LINE, SOUTH 86°39'10" EAST
3654.49 FEET TO AN IRON
STAKE IN SAID STATE LINE, CORNER WITH PROPERTY OWNED BY CEDRICK AND MARIA
P. WILLARD; THENCE WITH WILLARD'S WEST LINE, SOUTH 4°27' EAST 1756.47 FEET TO AN
IRON STAKE, SLAYTON'S NORTHEAST CORNER; THENCE WITH SLAYTON AND HERMAN
PATTERSON'S NORTH LINES, SOUTH 85°33'20" WEST 497.30 FEET TO AN IRON STAKE;
THENCE SOUTH 3°23'30" WEST WITH HERMAN PATTERSON'S WEST LINE, 1313.85 FEET TO
AN IRON STAKE; THENCE WITH LACY HALL'S WEST LINE, SOUTH 3°0'10" WEST 759.38
FEET TO AN IRON STAKE, LACY HALL'S SOUTHWEST CORNER AND LAWSON'S
NORTHWEST CORNER; THENCE WITH LAWSON'S WEST LINE, SOUTH 0°25'20" WEST
1069.67 FEET TO AN IRON STAKE, LAWSON'S SOUTHWEST CORNER AND HARRIS'
NORTHWEST CORNER;
THENCE WITH HARRIS' WEST LINE, SOUTH 4°21'10" EAST 267 FEET TO AN IRON STAKE IN
THE NORTH RIGHT OF WAY LINE OF FINDOWRIE STREET; THENCE WITH THE NORTHERN
TERMINUS LINE OF MAIN STREET, SOUTH 85°38'50" WEST 63.16 FEET TO A POINT; THENCE
CONTINUING WITH THE WEST RIGHT OF WAY LINE OF MAIN STREET, SOUTH 4°21'10"
EAST 840.03 FEET TO AN IRON STAKE; THENCE LEAVING THE WEST RIGHT OF WAY LINE
OF MAIN STREET, SOUTH 85°34'40" WEST 300 FEET TO AN IRON STAKE AND SOUTH
4°25'20" EAST 150.23 FEET TO AN IRON STAKE; THENCE SOUTH 85°34'40" WEST 125 FEET
TO A POINT AND SOUTH 4°25'20" EAST 400 FEET TO AN IRON STAKE AT W. SMART'S
NORTHEAST CORNER; THENCE WITH SMART'S NORTH LINE, SOUTH 85°34'10" WEST 821
FEET TO AN IRON STAKE AT SMART'S NORTHWEST CORNER; THENCE WITH SMART'S
WEST LINE, SOUTH 4°25'20" EAST 350 FEET TO AN IRON STAKE IN THE NORTH RIGHT OF
WAY LINE OF EASTERN STREET AT THE EASTERNMOST CORNER OF PROPERTY
CONVEYED TO SPRAY COTTON MILLS, INC., IN BOOK 694, PAGE 902, ROCKINGHAM
COUNTY PUBLIC REGISTRY, THE POINT AND PLACE OF BEGINNING, CONTAINING 1357.79
ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY BY SHANKS AND WILMARTH,
ENGINEERS & SURVEYORS, DATED DECEMBER 2, 1975, FILE NO. C-1034, AND REVISED ON
MAY 20, 1976, AND BEING THE SAME PROPERTY SHOWN ON MAP BOOK 13, PAGE 28,
ROCKINGHAM COUNTY PUBLIC REGISTRY.

SAVE AND EXCEPT THEREFROM THE 5.175 ACRE TRACT CONVEYED BY MILLER
BREWING COMPANY IN BOOK 840, PAGE 2264.

THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO ANY PORTION OF THE ABOVE
LOCATED WITHIN THE RIGHT OF WAY OF STREETS AND ROADS AND WITHIN THE RIGHT
OF WAY OF CAROLINA NORTHWESTERN RAILWAY.

TRACT TWO:
COMMENCING AT AN IRON IN THE EASTERLY MARGIN OF SUMMIT ROAD, WHICH IRON
IS THE SOUTHWEST CORNER OF POWELL AND THE NORTHWEST CORNER OF LOT 1 AS
SHOWN ON MAP HEREINAFTER REFERRED TO; THENCE WITH THE SAID MARGIN OF
SUMMIT ROAD SOUTH 47°01'51" EAST 199.18 FT TO AN IRON WHERE SAID SUMMIT ROAD
IS INTERSECTED BY THE NORTHERLY MARGIN OF A 60-FT.-WIDE UNNAMED STREET;
THENCE WITH SAID MARGIN OF SAID UNNAMED STREET NORTH 47°06'34" EAST 300 FT.
TO A POINT, THE POINT OF BEGINNING; THENCE LEAVING THE SAID UNNAMED STREET
NORTH 46°54'39" WEST 220.39 FT., MORE OR LESS, TO POWELL'S LINE; THENCE WITH
POWELL'S LINE NORTH 08°45' WEST 589.63 FEET TO AN IRON; THENCE LEAVING POWELL
SOUTH
88°23'10" EAST 442.49 FT. TO AN IRON; THENCE SOUTH 42°53'26" EAST 397.68 FT. TO AN
IRON IN THE NORTHERLY MARGIN OF THE AFOREMENTIONED UNNAMED STREET;
THENCE WITH THE SAID MARGIN OF THE SAID UNNAMED STREET, SOUTH 47°06'34" WEST
631.05 FT., MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 7.489 ACRES, MORE
OR LESS, AND BEING A PORTION OF LOT 2 AS SHOWN ON PLAT OF SURVEY FOR HOMER
E. WRIGHT, JR., DATED SEPTEMBER 20, 1972, BY E.L. WILMARTH, THE SAID SURVEY
BEING RECORDED WITH A CERTAIN DEED FROM W.P. BICKHAM, TRUSTEE, ET ALS. TO
THOMAS S. HARRINGTON, TRUSTEE, DATED FEBRUARY 6, 1973, WHICH DEED WAS
RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR ROCKINGHAM COUNTY.

TRACT THREE:
TOGETHER WITH EASEMENTS TO MILLER BREWING COMPANY RECORDED IN BOOK 706,
PAGE 382; BOOK 706, PAGE 384; BOOK 706, PAGE 385, RERECORDED BOOK 713, PAGE 430
AND RERECORDED BOOK 713, PAGE 431; BOOK 706, PAGE 386; BOOK 709, PAGE 246,
RERECORDED BOOK 713, PAGE 388; BOOK 709, PAGE 247, RERECORDED BOOK 709, PAGE
247; BOOK 709, PAGE 449, RERECORDED BOOK 713, PAGE 387; BOOK 709, PAGE 908,
RERECORDED BOOK 713, PAGE 391; BOOK 709, PAGE 909, RERECORDED BOOK 713, PAGE
390; BOOK 713, PAGE 386; BOOK 716, PAGE 110; AND LICENSE RECORDED IN BOOK 709,
PAGE 588, ROCKINGHAM COUNTY REGISTRY.