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Home My WebLink About18037_City Center Inn_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: City Center InnAddress: 601 North Tryon St. Project #: County: 18037-14-060 Mecklenburg Property Owner (In part or whole): ____________________________ Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for a high density residential multi-family complex, parking deck, and retail space; future construction may include office or hotel space, or with the Department of Environmental Quality (“DEQ”) prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: a.“High Density Residential” refers to use for a dwelling of a multi-unit building where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unity, and shall include related amenities, including a swimming pool, gymnasium, movie theater, game rooms, outdoor courtyard and a leasing facility. b.“Parking deck” refers to the temporary accommodation of motor vehicles in a multilevel structure designed for same. ' c.“Office” refers to a use or structure where business or professional services are conducted or rendered. d.“Retail” refers to the sale of goods, food, beverages, products or merchandise directly to the consumer. e.“Hotel” refers to the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services. f.“Commercial” refers to an enterprise carried on for profit or nonprofit by the owner, lessee, or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 City Center Inn (#18037-14-060) LUR Update LUR 2: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: a.soil and water management issues; b.issues related to potential sources of contamination stemming from the former use of the Brownfields Property for auto sales and service; and c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ st LUR 3:On or before January 31 of each year after the effective date of the Brownfields Agreement (“Agreement”; aka: Exhibit A), for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: a.actions taken in accordance with the plan required by LUR No. 2 above; b.soil grading and cut and fill actions; c.methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media in accordance with the Environmental Management Plan required by LUR No. 2 above; d.stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and e.removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ City Center Inn (#18037-14-060) LUR Update LUR 4:After conclusion of the redevelopment period referenced in LUR No. 2, no activity that disturbs soil determined to exceed residential soil screening levels on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR No. 1 above while fully protecting public health and the environment except: in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No enclosed building may be constructed on the Brownfields Property until: a.it is demonstrated to DEQ's written satisfaction through a site-specific risk assessment, that the building is protective of the building's users, public health and the environment from risk of vapor intrusion if the presence of contaminants that could cause vapor intrusion are found on the Property; b.it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's approval, that the building would be or is sufficiently distant from the Brownfields Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination if the presence of contaminants that could cause vapor intrusion are found on the Property; or c.a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ; In compliance Out of compliance ☐☐ City Center Inn (#18037-14-060) LUR Update Remarks: ______________________________________________________________ LUR 7:None of the contaminants found to be present in the environmental media at the Brownfields Property above applicable standards or screening levels may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used as a playground, or for child care centers or schools, other than post-secondary schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ City Center Inn (#18037-14-060) LUR Update LUR 11:During January of each year after the year in which the Notice of Brownfields st Property is recorded, the owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“L URU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said st January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and the land use restrictions are being complied with. A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. The LURU shall include: a.the name, mailing address, telephone and facsimile numbers, and contact person's email address of the owner (or board, association or approved entity) submitting the LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted) acquired any part of the Brownfields Property during the previous calendar year; ______________________________________________________________ b.the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner (or each of the owners on whose behalf the joint LURU is submitted) transferred any part of the Brownfields Property during the previous calendar year; ______________________________________________________________ c.whether any mitigation steps taken pursuant to LUR No. 5.c. above are performing as designed, and whether the uses of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how; ______________________________________________________________ d.for rental properties, a list of tenants, their addresses, and enough of each lease entered into during the previous calendar year to demonstrate compliance with lease notification requirements in paragraphs 19 and 20 of the Agreement attached as Exhibit A to the Notice; and ______________________________________________________________ e.if a joint LURU is submitted for multiple owners by a duly constituted board or association, it shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ City Center Inn (#18037-14-060) LUR Update Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___day of _________, 20__. Name typed or printed of party making certification: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________