18051_Raleigh_Residence_Recorded_Docs_20170130

~ rt q ......-WAKE
COUNTY
NORTH CAROLINA
Wake County Register of Deeds
Post Office Box 1897
Raleigh, North Carolina 27602-1897
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Laura M. Riddick
Register Of Deeds
I, LAURA M. RIDDICK, REGISTER OF DEEDS IN AND FOR THE ABOVE NAMED
STATE AND COUNTY, DO HEREBY CERTIFY THAT THE ATIACHED IS A TRUE
AND EXACT COPY OF AN INSTRUMENT RECORDED IN THE WAKE COUNTY
REGISTRY ON January 30, 2017, IN BOOK 16681 PAGE 541.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED
THE OFFICIAL SEAL OF MY SAID OFFICE TO BE AFFIXED HERETO THIS, THE
30TH DAY OF JANUARY, 2017.
DEPUf?rA-SSISTANT
DEPUTY I ASSISTANT (Printed Name)
BK016681 PG00541
WAKE COUHTY, HC 184
LAURA 11 RIDDICK
REGISTER OF DEEDS
PRESEHTED & RECORDED OH
81/38/2811 15:89:87
BOOK:816681 PAGE:80541 ~ 08581
Property Owner: Salisbury Stref Hotel, LLC Prepared By: North Carolina Department of Environmental Quality
Recorded in Bookl~ltft. Page~ Hold For: Burns, Day & Presnell PA (JMD) -Box 35
Associated plat recorded in Book of Maps 2017, Page .ii1_
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Raleigh Residence Inn
Brownfields Project Number: 18051-14-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well as the plat
component, have been filed this ~day of ~i\,)a..R0 , 2011_ by Salisbury Street Hotel, LLC
("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental Quality
("DEQ") is required to be filed in the Register of Deeds' Office in the county or counties in which the land
is located, pursuant to North Carolina General Statutes ("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property ("Brownfields
Property") being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9,
Part 5 (" Act").
Pursuant to NCGS § 130A-310.35(b}, the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer's receipt of DEQ's approval of the Notice or Prospective
Developer's entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the
Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land
and, if Prospective Developer is not the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 616 S. Salisbury Street in Raleigh, Wake County, North Carolina.
It consists of one parcel totaling approximately 0.52 acres. The Brownfields Property will be used for mixed-use
development, including hotel, commercial, retail, offices and high density residential uses purposes.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
1
BK016681PG00542
protect public health and the environment, and is required by NCGS § 130A-310.32. The Brownfields
Agreement's Exhibit 2 consists of one or more data tables reflecting the concentrations of and other
information regarding the Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11 ", 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 ofNCGS § 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 restrictions are hereby imposed on the Brownfields Property, and are as follows:
1. No use may be made of the Brownfields Property other than a mixed-use development,
including hotel, commercial, retail, offices and high density residential uses without the prior written
permission of DEQ. For purposes of this restriction, the following definitions apply:
a. "Hotel" defined as the provision of overnight lodging to paying customers, and to
associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management
and reception services;
b. "Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee;
c. "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 beverage
products;
d. "Office" defined as the provision of business or professional services; and
e. "High Density Residential" defined as permanent dwellings 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 unit, and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
2. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
2
BK016681 PG00543
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, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. potential sources of the contamination referenced in paragraph 8 in Exhibit A hereto
attached;
c. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.
3. Within 90 days after each one-year anniversary of the effective date of this Agreement for as
long as physical redevelopment of the Brownfields Property continues ( except that the final deadline shall
fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property
shall provide DEQ a report subject to written DEQ approval on environment-related activities since the
last report, with a summary and drawings, that describes:
a. actions taken in accordance with the plan required by subparagraph 15.b in Exhibit
A hereto attached;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
d. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis
and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
e. removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all legally required
manifests shall be included).
4. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ.
5. No activity that disturbs soils on the Brownfields Property may occur other than in
accordance with the approved EMP. Disturbance of soils not covered under the approved EMP may not
occur 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 15.a. in Exhibit A hereto attached while fully protecting public health
and the environment. This limitation does not apply to mowing and pruning of above-ground vegetation,
landscape plantings that do not exceed 36 inches in depth; and emergency repair of underground
infrastructure, if DEQ is 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 are taken.
6. No building may be constructed on the Brownfields Property and no existing building,
defined as those depicted on the plat component of the Notice of Brownfields Property referenced in
paragraph 20 in Exhibit A hereto attached, may be occupied 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
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
3
BK016681 PG00544
risk of vapor intrusion;
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 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; 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.
7. None of the contaminants known to be present in the environmental media at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
a. in de minimis amounts for cleaning and other routine housekeeping activities;
b. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on-board tanks integral to said items or in flammable liquid storage containers
totaling more than 25 gallons; or
c. as constituents of products and materials customarily used or stored in hotel,
commercial, retail, offices and high density residential uses environments, provided such products and
materials are used, stored, and disposed of in accordance with applicable laws and regulations.
8. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other man made points of groundwater access at the Brownfields Property, except those
wells identified in accordance with Subchapter 2C of Title lSA of the North Carolina Administrative Code,
unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer
shall provide DEQ a report, setting forth the procedures and results.
9. The Brownfields Property may not be used a playground, or for child care centers or schools
without written approval by DEQ; however, informal recreational activities by children and adults' are
permitted.
10. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by such owner, its contractors, or its tenants shall be
responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable
to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ.
11. 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.
12. Any deed or other instrument conveying an interest in the Brownfields Property executed
by an owner of any interest in the Brownfields Property shall contain the following notice: "The
Brownfields Property which is the subject of this instrument is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records,
Book __ , Page __ ." A copy of any such instrument shall be sent to the persons listed in Section XV
(Notices and Submissions), though financial figures related to the conveyance may be redacted. If DEQ
issues prior, written approval, an owner may use the following mechanisms to comply with the obligations
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
4
BK016681 PG00545
of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: 1) The
owner 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 XV (Notice and
Submissions); and (ii) the owner may provide abstracts of leases, rather than full copies of said leases, to
the persons listed in Section XV.
13. During January of each year after the year in which the Notice referenced below in
paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year
(or owner's representative authorized in writing to act on the owner's behalf) shall submit a notarized
Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials
of Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing
these land use restrictions remains recorded at the Wake County Register of Deeds office and that the land
use restrictions are being complied with, and stating:
a. the name, mailing address, telephone and facsimile numbers, and contact person's e-
mail address of the owner submitting the LURU if said owner acquired any part of the Property in fee
during the previous calendar year; and
b. the transferee's name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address, if said owner transferred any part of the Brownfields Property in fee during the
previous calendar year.
c. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.f. in Exhibit A hereto attached are performing as designed, and whether the uses of the
ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and,
if so, how.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in paragraph 35.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.
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
5
BK016681 PG00546
,..., 'I"') IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_~ __ ldayof J"41t,._ .. ,.1 ,201:l.
By:
WRTH CAROLINA a t<e coUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or voluntarily s~ed the foregoing document for the purpose stated therein and in the capacity
indicated: . iSh .
Date: I /87/aOJ] I ,
(Official Seal)
18051-14-092 I Raleigh Residence Inn
1?)(-01,k~µ,£. ~ffic?..=
Official Signature of N~
Notary's printed or type -'Aame, Notary Public . SO
My commission expires: .V0\J5t a~ ao
BF NBP Raleigh Residence
6
BK016681PG00547
By:
************************************
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
~tfrpi]
M?'cael E. Scott
Director, Division of Waste Management
Date
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
7
BK016681 PG00548
********************************
CERTIFICATION OF REGISTER OF DEEDS
The foregoing documentary component of the Notice of Brownfields Property, and the associated plat,
are certified to be duly recorded at the date and time, and in the Books and Pages, shown on the first page hereof.
Register of Deeds for County --------
Name typed or printed: ___________ _ Date
Deputy/ Assistant Register of Deeds
18051-14-092 I Raleigh Residence Inn BF NBP Raleigh Residence
8 .
BK016681 PG00549
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Salisbury Street Hotel, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project # 18051-14-092
)
)
)
)
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Raleigh Residence Inn
616 S. Salisbury Street
Raleigh, Wake
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Salisbury Street Hotel, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act").
The Prospective Developer is Salisbury Street Hotel, LLC, a manager-managed North
Carolina limited liability company with principal offices at 3141 John Humphries Wynd, Suite
200, Raleigh, North Carolina, 27612. Salisbury Street Hotel, LLC is managed by R. Doyle
Parrish. Salisbury Street Hotel, LLC intends to develop the Property for no uses other than a
mixed-use development, including hotel, commercial, retail, offices and high density residential
uses. The Brownfields Property is comprised of one parcel totaling approximately 0.52 acres.
A map showing the location of the property which is the subject of this Agreement is attached
hereto as Exhibit 1.
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
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00550
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Salisbury Street Hotel, LLC for contaminants at the property which is the
subject of this Agreement.
The Parties agree that Salisbury Street Hotel, LLC's entry into this Agreement, and the
actions undertaken by Salisbury Street Hotel, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Salisbury Street Hotel, LLC.
The resolution of this potential liability, in exchange for the benefit Salisbury Street
Hotel, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § l 30A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. "Property" shall mean the Brownfields Property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Salisbury Street Hotel, LLC.
III. STATEMENT OF FACTS
3. The Property is comprised of one parcel totaling 0.52 acres and is identified as Parcel
ID Number 1703665351. Prospective Developer has committed itself to redevelopment for no
uses other than a mixed-use development, including hotel, commercial, retail, offices and high
2
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681 PG00551
density residential uses.
4. The Property is bordered to the north by West Lenoir Street followed by the City of
Raleigh Convention Center; to the east by South Salisbury Street followed by a parking lot; to
the south by West South Street followed by NC Association of Educators building; and to the
west by a parking deck facility owned by the City of Raleigh.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Property:
Title Prepared by Date of Report
Phase I ESA, Convention Center Parking Lot Hart & Hickman May 31, 2006 Properties, Raleigh, North Carolina
Brownfield Phase II Site Assessment Report -Hart & Hickman December 28, 2006 Convention Center Parking Lot Properties
Analysis ofBrownfields Cleanup Alternatives,
Convention Center Parking Lots, Raleigh, North Hart & Hickman April 30, 2007
Carolina
Close-Out Report -City of Raleigh, Grant# BF Hart & Hickman December 23, 2008 96416704-0
Phase I Environmental Site Assessment, Parking Hart & Hickman September 2014 Lot, 616 S. Salisbury Street Raleigh, North Carolina
Vapor Intrusion -Preliminary Risk Assessment Aptus Management, Salisbury Street Hotel, LLC, Raleigh Residence Inn, April 6, 2015
616 S. Salisbury Street Raleigh, North Carolina PLLC
Vapor Intrusion -Preliminary Risk Assessment
Addendum Salisbury Street Hotel, LLC, Raleigh Aptus Management, April 21, 2016 Residence Inn, 616 S. Salisbury Street Raleigh, PLLC
North Carolina
3
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681 PG00552
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Property:
a. The property was occupied by four homes from the late 19th century until
the mid-l 950s.
b: A gasoline station operated on the southern portion of the site between the
early 1940s and the mid-to late 1960s.
c. An automobile sales business was located on the northern portion of the
property between the early 1960s and early 1980s.
d. A commercial office building was located on the southern portion of the
site from the late 1960s to the late 1990s/early 2000s. Last commercial owner was Hedgehog
Holdings, LLC until 1997.
e. Parking lots have been located on the northern and central portions of the
subject site since the 1960s and on the southern portion of the site since the 1990s/early 2000s.
Last owner was McLaurin Parking Company until 1999.
f. The property was purchased by the City of Raleigh on June 5, 2000.
g. Salisbury Street Hotel, LLC acquired the Property from the City of
Raleigh on September 18, 2015.
7. Pertinent environmental information regarding the Property and surrounding area
includes the following:
a. A Phase I and II Environmental Site Assessment (ESA) was conducted in 2006
4
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00553
using EPA Brownfield Assessment Grant funds, the City of Raleigh contracted a ground-
penetrating radar (GPR) assessment that identified anomalies indicative of the three potential
USTs. Therefore, an exploratory excavation was conducted in September 2007 to confirm the
presence ofUSTs. However, the excavation activities did not reveal the USTs or evidence of
impacted soil. A follow-up geophysical survey was conducted in October 2007, utilizing both
electromagnetic (EM) and GPR instruments. The geophysical survey did not reveal anomalies
indicative ofUSTs. As no evidence of the USTs was identified, it appears the USTs were
previously removed without documentation. Based on the apparent previous removal of the
US Ts and lack of evidence of impacts, thus the former on-site gasoline station and US Ts were
not considered to be a recognized environmental condition (REC).
b. The Phase II ESA conducted by EPA Brownfield Assessment Grant noted that
there are former gas station and former drycleaners located east across the south Salisbury Street
and up-gradient to the Property.
c. The Prospective Developer has demonstrated to DEQ's written satisfaction,
through a site-specific risk assessment, that there is not an unacceptable vapor intrusion risk to
public health or the environmental associated with the current phase of redevelopment of the
Property.
d. On October 15, 2015, DEQ approved an Environmental Management Plan
("EMP") for the redevelopment of the Property as a mixed-use development, including hotel,
commercial, retail, offices and high density residential uses.
5
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00554
8. The most recent environmental sampling at the Property reported in the
Environmental Reports occurred on October 26, 2006. The following tables set forth, for
contaminants present at the Property meets or exceeds unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
a. 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 2013 version); or the 2L Groundwater Interim
Maximum Allowable Concentration (IMACs), (April 2013 version):
Concentration
Groundwater Sample Date of Exceeding Standard
Contaminant Location Sampling Standard (µg/L)
(µg/L)
Benzene MW-7 10/26/2006 1.3 1.0
1,2 Dichloroethane MW-7 10/26/2006 72 0.4
1,2 Dichloroethane MW-8 10/26/2006 150 0.4
Tetrachloroethylene MW-7 10/26/2006 0.7 0.7
b. Groundwater contaminants with potential for vapor intrusion (VI) in micrograms
per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are
derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste
Management March 2016 version):
6
Brownfields Project # 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681 PG00555
Groundwater Concentration Residential Non-
Contaminant with Sample Date of Exceeding VI Residential
Potential for Vapor Screening VI Screening
Intrusion Location Sampling Screening Level1 Level1
Level (µg/L) (µg/L) (µg/L)
1,2 Dichloroethane MW-7 10/26/2006 72 22.4 97.8
1,2 Dichloroethane MW-8 10/26/2006 150 22.4 97.8
I Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a l .OE-5 lifetime incremental cancer risk.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Property has been limited to
obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a
Brownfields Property Application (BPA) dated October 26, 2014, and Prospective Developer
purchased the Property on September 18, 2015.
10. 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 § BOA-
310.32(a)(l );
b. As a result of the implementation of this Agreement, the Property will be
suitable for the uses specified in the Agreement while fully protecting public health and the
environment;
7
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00556
c. Prospective Developer's reuse of the 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 Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39( a)( 1 ), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(l), and, within the meaning ofNCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Property proposed herein would provide the following
public benefits:
a. a return to productive use of the Property and revitalization of an underutilized
and environmentally impacted portion of downtown Raleigh;
8
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00557
b. the creation of 75 permanent hospitality-related jobs, 20 permanent retail-related
jobs, as well as approximately 100 construction jobs during construction and redevelopment
activities;
c. an increase in tax revenue for affected jurisdiction;
d. additional much needed hotel capacity for downtown Raleigh and ancillary retail,
restaurant, and other businesses;
e. expanded use of public transportation which reduces traffic, improves air quality,
and reduces our carbon footprint; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe;
V. WORK TO BE PERFORMED
13. In redeveloping the Property, Prospective Developer shall make reasonable efforts to
evaluate applying sustainability principles at the Property, using the nine (9) areas incorporated
into the U.S. Green Building Council Leadership in Energy and Environmental Design
certification program (Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials &
Resources, Indoor Environmental Quality, Locations & Linkages, Awareness & Education,
Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
9
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00558
Prospective Developer to perform any active remediation at the Property other than remediation
that may be required pursuant to a DEQ-approved Environmental Management Plan (EMP).
15. By way of the Notice ofBrownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Property suitable for the uses specified in this Agreement while fully
protecting public health and the environment. All references to DEQ shall be understood to
include any successor in function.
a. No use may be made of the Property other than a mixed-use development,
including hotel, commercial, retail, offices and high density residential uses without the prior
written permission of DEQ. For purposes of this restriction, the following definitions apply:
1. "Hotel" defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services;
11. "Commercial" defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee;
111. "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 beverage products;
1v. "Office" defined as the provision of business or professional services;
and
10
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00559
v. "High Density Residential" defined as permanent dwellings 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 unit, and shall include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages.
b. Physical redevelopment of the 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 Property, the timing ofredevelopment phases, and addresses
health, safety and environmental issues that may arise from use of the Property during
construction or redevelopment in any other form, including without limitation:
1. soil and water management issues, including without limitation
those resulting from contamination identified in the Environmental Reports;
11. potential sources of the contamination referenced in paragraph 8
above;
m.. contingency plans for addressing newly discovered potential
sources of environmental contamination (e.g., tanks, drums, septic drain fields); and
1v. plans for the proper characterization of, and, as necessary, disposal
11
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00560
of contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the 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:
i. actions taken in accordance with the plan required by subparagraph 15.b
above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Property ( copies of all legally
required manifests shall be included).
d. Groundwater at the Property may not be used for any purpose without the
prior written approval ofDEQ.
e. No activity that disturbs soils on the Property may occur other than in
12
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681PG00561
accordance with the approved EMP. Disturbance of soils not covered under the approved EMP
may not occur 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 Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment. This limitation does not apply to mowing and pruning of above-
ground vegetation, landscape plantings that do not exceed 36 inches in depth; and emergency
repair of underground infrastructure, if DEQ is 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 are taken.
f. No building may be constructed on the Property and no existing building,
defined as those depicted on the plat component of the Notice ofBrownfields Property
referenced in paragraph 20 below, may be occupied until:
i. 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;
ii. 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 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; or
iii. a plan for a vapor intrusion mitigation system, approved in writing by
13
Brownfields Project# I 8051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681PG00562
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.
g. None of the contaminants known to be present in the environmental media
at the Property, may be used or stored at the Property without the prior written approval ofDEQ,
except:
i. in de minimis amounts for cleaning and other routine housekeeping
activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said items or in flammable
liquid storage containers totaling more than 25 gallons; or
iii. as constituents of products and materials customarily used or stored in
hotel, commercial, retail, offices and high density residential uses environments, provided such
products and materials are used, stored, and disposed of in accordance with applicable laws and
regulations.
h. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells,
14
Brownfields Project# 18051-14-092 Bf A Raleigh Residence_ Exhibit A
BK016681PG00563
recovery wells, piezometers and other man made points of groundwater access at the Property,
except those wells identified in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days
after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.
1. The Property may not be used a playground, or for child care centers or
schools without written approval by DEQ; however, informal recreational activities by children
and adults' are permitted.
J. The owner of any portion of the Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such owner, its
contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ.
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the 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 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 Property.
1. Any deed or other instrument conveying an interest in the Property
executed by an owner of any interest in the Property shall contain the following notice: "The
15
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00564
property which is the subject of this instrument is subject to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records,
Book __ , Page __ ." A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures related to the conveyance may
be redacted. If DEQ issues prior, written approval, an owner may use the following mechanisms
to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ
may establish in such approval: 1) The owner 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 XV (Notice and Submissions); and (ii) the owner may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
xv.
m. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Property as of January I st of that
year (or owner's representative authorized in writing to act on the owner's behalf) shall submit a
notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and
environmental officials of Wake County, certifying that, as of said January 1st, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Wake
County Register of Deeds office and that the land use restrictions are being complied with, and
stating:
1. the name, mailing address, telephone and facsimile numbers, and
16
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00565
contact person's e-mail address of the owner submitting the LURU if said owner acquired any
part of the Property in fee during the previous calendar year; and
11. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the Property
in fee during the previous calendar year.
iii. whether any vapor barrier and/or mitigation systems installed
pursuant to subparagraph 15 .f. above are performing as designed, and whether the uses of the
ground floors of any buildings containing such vapor barrier and/or mitigation systems have
changed, and, if so, how.
16. The desired result of the above-referenced land use restrictions is to make the
Property suitable for the uses specified in the Agreement while fully protecting public health and
the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and Division of
Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the 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
17
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681 PG00566
health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Property pursuant to subparagraph 15 .k. 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 Property under applicable law, which access is to be
conducted 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 Property,
DEQ shall provide reasonable notice to Prospective Developer of the timing of any response
actions to be undertaken by or under the oversight ofDEQ at the 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.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice ofBrownfields
Property for the Property containing, inter alia, the land use restrictions set forth in Section V
(Work to Be Performed) of this Agreement and a survey plat of the Property. Pursuant to NCGS
§ 130A-310.35(b), within 15 days of the effective date of this Agreement Prospective Developer
shall file the Notice of Brownfields Property in the Wake County, North Carolina, Register of
18
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00567
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.
21. This Agreement shall be attached as Exhibit A to the Notice ofBrownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Property shall contain the following notice: "The property which is the subject of
this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
Brownfields Property recorded in the Wake County land records, Book lk!tll, Page st./ I." A
copy of any such instrument shall be sent to the persons listed in Section XV (Notices and
Submissions), though financial figures related to the conveyance may be redacted. Prospective
Developer may use the following mechanisms to comply with the obligations of this paragraph:
(i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with
copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said
leases, to the persons listed in Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Property within seven days of the effective date of this
Agreement.
19
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00568
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Property with respect to the
manner in which regulated substances are handled at the 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 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 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 paragraph 35.a. below of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Property other than that committed to in the
Brownfields Property Application dated October 26, 2014 by which it applied for this
Agreement. That use is hotel, commercial, retail, offices and high density residential uses.
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
20
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00569
relates in any way to any past use of regulated substances or known contaminants at the Property
and to its qualification for this Agreement, including the requirement that it not have caused or
contributed to the contamination at the Property.
IX. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. 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 Property except as
specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the 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 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 ofBrownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Property, in
which case the Prospective Developer shall be responsible for remediation of the Property to
unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
21
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00570
contamination at the Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
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 previous! y 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 Property due to changes in exposure conditions,
including (i) a change in land use thaJ increases the probability of exposure to contaminants at or
in the vicinity of the Property or (ii) the failure of remediation to mitigate risks to the extent
required to make the 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
Property or exposures at or around the Property that raises the risk to public health or the
environment associated with the Property beyond an acceptable range and in a manner or to a
degree not anticipated in this Agreement.
22
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00571
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § BOA-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. 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.
28. Consistent with NCGS § 130A-3 l 0.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the 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.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration ofDEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.3 7(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 ofBrownfields Property.
23
Brownfields Project# 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681PG00572
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. 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 Property, a
representation by DEQ that the Property is fit for any particular purpose, nor a waiver of
Prospective Developer's duty to seek applicable permits or of the provisions ofNCGS § 130A-
310.37.
32. Except for the Land Use Restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. 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
24
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00573
substances at the Property, including without limitation all Material Safety Data Sheets or Safety
Data Sheets, for six (6) years following the effective date of this Agreement, unless otherwise
agreed to in writing by the Parties. Said records may be retained electronically such that they
can be retrieved and submitted to DEQ upon request. At the end of six (6) years, the Prospective
Developer shall notify DEQ of the location of such documents and shall provide DEQ with an
opportunity to copy any documents at the expense of DEQ. 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.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
25
Brown fields Project # J 8051-14-092 BFA Raleigh Residence_Exhibit A
BK016681 PG00574
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact infonnation, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. forDEQ:
Lebeed Kady (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
R. Doyle Parrish ( or successor in function)
Salisbury Street Hotel, LLC
3141 John Humphries Wynd, Suite 200
Raleigh, NC 27612
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.
XVI. EFFECTIVE DATE
36. 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
26
Brownfields Project# 18051-14-092 BFA Raleigh Residence_Exhibit A
BK016681PG00575
the statutory deadline of 15 days following such receipt. 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 invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
3 7. If any Party believes that any or all of the obligations under Section VI
(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).
XVIII. CONTRIBUTION PROTECTION
38. 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 Property.
39. 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.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
27
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681PG00576
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of service of the complaint on it.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last to occur of the following: publication of the approved summary of
the Notice of Intent to Redevelop a Brownfields Property required by NCGS § 130A-310.34 in a
newspaper of general circulation serving the area in which the Property is located, conspicuous
posting of a copy of said summary at the Property, and mailing or delivery of a copy of the
summary to each owner of property contiguous to the Property. After expiration of that period,
or following a public meeting ifDEQ 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:
Mich!I.L#~ DMe I -
Director, Division of Waste Management
IT IS SO AGREED:
Salisbury Street Hotel, LL
By:
Date
28
Brownfields Project # 18051-14-092 BF A Raleigh Residence_ Exhibit A
BK016681 PG00577
0
APPROXIMATE
2000
SCALE WFEET
U.S.G.S. QUADRANGLE MAP
RALEIGH WEST, NC 1968
REVISED 1988
QUADRANGLE
7.5'MINUTE SERIES (TOPOGRAPHIC)
TITLE
4000 SITE LOCATION MAP
ROJECTCONVENTIONCENTER PARKING LOTS SITE
. CITY OF RALEIGH BROWNFIELOS ~SESSMENT PROJECT
RALEIGH. NORTH CAROLINA
OATE: 12-20~96'. REVISION NO: 0
JOB NO: RAL-001 FIGURE NO: 1
EXHIBIT1
BK016681PG00578
I, L JORDAN PARKER .R., CERTIFY THAT THIS PLAT
WAS ORA~ UNDER MY SUPERVISION FROM AN
ACTUAL SURv£Y MADE UNDER MY SUPERVISION; THAT THE SOURCE OF INFORMATION FOR lHE
SURv£Y IS SHOWN HEREON; lHAT THE BOUNDARIES NOT SUR'VEYED ARE a.EARLY INDICATED; THAT THE
RATIO OF' PRECISION IS GREATER THAN 1:10,000; lHAT THIS PLAT WAS PREPARED IN ACCORDANCE
WITH G.S. 47-JO AS AMENDED: AND THAT THIS MAP
MEETS THE REQUIREMENTS Of THE STANDARDS OF
PRACTICE FOR LAND SURVE't'ING IN NORTH CAROLINA (21 NCAC 56. 1600). WITNESS MY ORIGINAL SIGNAlURE,
REGISTRA TlON NUMBER AND SEAL
LEASE AREA LEGAL OESCRIPRION
BEGINNING AT AN EXISTING PK NAIL IN lHE NORTHERN
RIGHT OF WAY OF WEST SOUTH STREET AND THE
WESTERN RIGHT OF WAY OF SOUTH SALISBURY STREET, SAID EXISTING PK NAIL HAVING GRID COOROINA lES OF
N(y)=736,207.897' E(x)=2.106,605.250' (NAO 83'), SAID
EXISTING PK NAIL BEING LOCATED N 35'09'48• W 42.85'
FROM A POINT IN lHE INTERSECTION OF SOUTH
SALISBURY SlREET AND WEST SOUTH STREET, THENCE
ALONG THE RIGHT OF WAY OF WEST SOUTH STREET N
1"1S Lll\111NA BT48~· W 109.~' TO AN EXISTING PK NAIL. THENCE
l.EAVEI~ S~Jl'GHT OF WAY N 01'04'07• E 105.00' TO
$~STING IR N PIPE, THENCE S 87'51'18" E 5.85',
ENCE N 02"1 '14• E 105.00' TO AN EXISTING PK NAIL IN
E so\JTHERN RIGHT OF WA y OF v.£ST LENOIR STREET,
THENCE ALONG SAID RIGHT OF WAY S 87'48146• E
REVIEW PURPOSES qAA,_qD' T~ EXISTING PK NAIL IN THE Yi£STERN RIGHT
I~ " !Y SOUTH SALISBURY STREET, lHENCE ALONG
~ID~ OF WAY S 0211'14• W 210.00' TO THE POINT
AND PLAOE OF BEGINNING CONTAINING 0.519 ACRES.
22,614 SQ.FT.
N/F CITY OF RALEIGH 0.8. 10906 PG. 2M7
8.M. 2005 PG. 556 PIN 1703,42-66-4619
_.._ _________________ _
_WE:ST LENOIR STREE.I .§6' PUBLIC-R°iw __ _
__==:) R/W PER B.M. 2005 PG. 556,:f" '" ------ -
----------
<:IF snE E>.SDID4T NI/EA B..11.~PQ.~ka
N/F
CITY OF RALEIGH a.a. 2569 PG. JO B.M. 1978 PG. 410 PIN 1703.42-66-3373
G)
22,614 sq.ft.
0.519 AC.
---__c_---- -----~------
WE:ST SOUTH_SlREET 80' PUBLIC R/W
R/W PER B.M. 1978 PG. 145 a: NC DOT-PRci:E:cT ,, 8.2433101
N/F NORTH CAROLINA ASSOOATION O.B. 2569 PG. 744
PIN 1703.50-6~-4924
~
W. CAB RUS ST.
SITE.
W. SOU'Tl-1 ST.
VICINITY MAP
N/F CITY OF RAl..ElGH 0.8. 2272 PG. 546 8.M. 2008 PG. 1381 PIN 1703.42-86-7697 L __ _
N/F CITY OF RALEIGH
D.B. 2343 PG. 890 8.M. 2009 PG. 1053
~
EIP -EXISTING IRON PIPE
EPK -EXISTING PK NAIL NIP -NEW IRON PIPE SET R/W -RIGHT OF WAY CAlV -CABLE iV BOX EB -ELEClRlC BOX m -TELEPHONE PEDESTAL.
PP -POYiER POLE OHL -OYERHEAD LINE LP -LIGHT POL£ VIM -WATER METER
Wv -WATER VAL.VF. CO -SEWER CLEAN-OUT
LINE
El.-2
El.-3
El.-4
EL-5
El.-6
EL-7
El.-8
El.-0
EL-10
El..-11
EL-12
El..-1J
El..-14
I PIN 1703.42-66-8320
EL-1:i
El..-18 EL-17
El..-18
El.-19
EL-20
EL-21
EL-22
EL-23 fl.-24
El..-25
EL-211
EL-27
EL-28
EL-211
EL-30
EL-J1
EL-J2
El.-33 El.-34
EL-35
EL-,e
BROWNFIELDS SURVEY FOR
RESIDENCE INN
616 S. SALISBURY STREET
OWNER: SALISBURY STREET HOTEL, LLC
REF: D.B. 16251 PAGE 2588
REF: BJ.1. 2014 PAGE 40
REF: B.M. 2015 PAGE 1538
CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
30 15 0 30 60
EASEMENT CURVE TABLE SCALE
I, L JORDAN PARKER ..R, PROFESSIONAL LAND SUR\!£YOR NO. L-4685, CERTIFY
THAT THIS Pl.AT IS OF A SURvEY OF AN EXISTING PARCEL OR PARCELS OF
LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
LARRY J, PARKER, PROFESSIONAL. LANO SURvEYOR NO. L-4685
CAWTHORNE, MOSS & PANCIERA, P.C.
CURVE
EC-1
EC-2
EC-3
EC-4
EC-5
EC-6
EC-7
EC-8
EC-9
LENGTH ··=·
39,n.&.'
'1fl.n1'
50.30' .... .....
39.35'
RADIUS CHORD un=• R4.6fl'
36.6-4' 37.Tr
•0.00' 24.22' •n= oono•
49.00' 48.1?'
1-4.61' ••n=• .....
90.00' JQ ?6'
153.00' 90.0B'
BEARING
N ':W F
NO '35'1?• E
N oa· w
N ':W F
N 0'55' 3• E
S 12'0 •53• E s 1·~·F"
s • .,.,. w
N 00'29'so· w
JULY 24, 2014
REV1SED JUNE 5, 2015
REVISED AUGUST 4, 2016
ZONED BUS
PIN # 1703.42-66-5351
SHEET 1 OF 2
PROFESSIONAL LAND SURVEYORS, C-1525, 333 S. WHllE STREET, P.O. BOX 1253, WAKE FOREST N.C., 27588, [phone]
I !
BK016681PG00579
Ml NAR Y GROUNQWATF,R
,-: II)
f---j'-7.W~.~C~A=B-f--R-U_S-1...._ST-.---Ji
II) :::;
1"1S __ DAY Of _______ ,.2017.
PROFESSIONAL LAND SURVEYOR (L-4685)
n 000 HAZARD SJAJD!fJH
'THE SU9..ECT PROPERTY IS NOT LOCATED IN A SPEQAI.. FLOOD HAZARD ZONE.
IT IS LOCATUl IN ZONE •)(" AS DEFlNED BY F.t.R.M. COMMUNITY PANEl.
NUMBER 3720-1703-00J WITH AN EFFECll't£ DAT! Of MAY 2, 2006.
~:~.u;:~ ':'~. °c!i~C:h:!t,~~ ~~ g:: !';O::~~
m .. te afl th4I etatutory requlrernenb1 for reconfl~ G'l<I that the City of Raleigh, aa provided by th, City Code,. on tho ____day af -----
In the year ----approWld this plct or map and occompcr,)ffl9 llhoclt• and occepted for the City o1 Raleigh the dedication• 01 shown ~= :,~~7n:: ~~h:mc:n~~ttn"1nth:~ ~ror,o-:,:;r-;;t~ ni:r::lbllty
goverTltng body of tho City of Ralelgh It le In the publlc lnterfft to do i,o. •
Plonnlng and Dewilopment Officer /Woke County Rev!-Officer
LAND USE RESTRICTIONS
NCGS 130A.J10.35(e) requires recordation of a Notice of BroM1field1 Proper1y {"NaUce") that
Identifies eny restrictions on the current and future use of a Brownfields Property that ere
necessary or useful to maintain the level of protection appropriate for the designated current Of
Mure use of lhe property and that are designated in a Brownfield& Agraoment pertaining to the
property, Th~ &Urvey plat constitutes one of t"M> oomponeots of the Notice pef1alnlng to the
Brownfields Property depicted on this plat and recorded at lhe Wah Cowlty Register of Deeds'
office. The other componGflt ol the Nolice Is a doo.Jment, to whictt lhe BJ'O'M'lfields Agreement
fot the subject properly Is atlached as Exh!blt A:, a reduced version of this 14lrwty plat oonslilutes
Exhibit B to lhal document. The foOowti,g Llmd Use Restrtetlona, e1tCetl)ted \IWNUm from tha NoOce, .,.. h8'9by Imposed on the Brownflalds Property •nd shsll ,.main In fon:e In
IMrJMMty untn, cenceled by the Secretary of th• North Caronna Department of Environment and Netunil Re,;ources (or tta aucc.s1or In function), or his/her dnfa-.
after the haurd1 Mve been ellmlnated. pursuant to NCGS § 130A-310.35(e):
1. No use may be made of the Brownflelds Property other than a mixed·
use development, Including hotel, commercLal, N!tall, offices and high density
reeldentlal uees without the prior written permission of DEQ. For purposes of
thle reetrlctlon, the following definitions apply:
a. "Hotel" defined as the provision of overnight lodglng to paying
customers, and to aHoclated food services, gym, reservation. cleaning, utllltles,
parking and on.site hospltallty, management and reception services;
b. "Commercial" defined as an enterprise can"led on for profit or
nonprofit by the owner, lessee or licensee;
c. "Retall'' defined as the sale of good• or services, products, or
merchandlsa dlractly to the consumer or buslnesH& •nd Includes showrooms,
pereonal service, and the sales of food and beverage produete:
d. "Office" defined as the provision of buslne11 or professional
services; and
e. "High Density Resldentlal" defined as pennanent dwelllnga where residential unit& are attached to each other with common walls, such as
eondomlnla, apartments, group homes, dormitories or boarding houses, and any
property outside the dwelling structures Is usable by all residents and r,ot
privately owned as part of a particular unit. and shall Include related amenttles,
such as pools, clubhouses, courtyards, common anias, reerealion a111111& and
parking garages. 2. Physical ntdevak)pment of the Brownflekle Property may r,ol occur
olher than In accord, as determined by DEQ, wtth an Env1ronrnental Management
Plan ("EMP") approved In writing by DEQ In advance (and revlffd to DEQ's
written satisfaction prior to each subsequent redevelopment phase) that I&
const.tent with all the other land Ute restrictions and describes redevelopment
activities at the Brownfield& Property, the timing of red4!:velopment phases, and
addresses health, safety and envlronmental Issues that may arise from use of the
Brownflelds Property during construction or redevelopment In any other form,
lncludlng without llmltatlon:
a. soll and water management Issue&, Including without
llmltatlon those resulting from contamination Identified In the Environmental
Reports; b. potential sources of the contamination referenced In
paragraph 8 In Exhibit A heR'lto attached;
c. contingency plans for addressing newly dlecovered potentlal
sources of envfronmental contamlnatk>n (e.g., tanks, drums, eeptlc drain fields);
and
d plans for the proper characterization of, and, as necessary,
dleposal of contaminated aolls excavated during redevelopment
3 Within 90 days after each one-year anniversary of the effective date
of this Agreement for as k>ng as physlcal redevelopment of the Brownflelds
Property continues (except that the flnal deedllne shall fall 90 days after the
conchnlon of physlcal redevelopment), the then owner of the Brownfl~ds
Property shall provide OEQ a n,po,t sut,tect to wrttten OEQ approval on
envtronment-reJated acllvttles since the tast n1port, with a summary and
drawings, that describes:
a. action, taken In accordance wtth the plan requlnid by
subparagraph 15.b In Exhlbtt A hereto attached;
b. soll grading and cut and flll actions;
c. methodology(les) employed for fleld screening, sampling and
laboratory anatyels of envtronmental media;
d. stockplllng, containerizing, decontaminating, treating,
handling, laboratory analysis and ultimate disposition of any soll, groundwater or
other materlals suspected or confirmed to be contaminated with regulated
substances; and
e. removal or any contaminated soll, water or other contaminated
materials (for example, concrete, demolltlon debris) from the Brownfield&
Property {copies of all legally required manifests shat I be Included).
4. Groundwater at the Brownflelds Property may not be used for any
purpoee without the prior written approval of DEQ.
5. No activity that disturbs soils on the Brownflelds Property may occur
other than in accordance with the approved EMP. Disturbance of solls not
covered under the approved EMP may not occur untll DEQ etates In writing, In
advance of tho proposed activity, that said activity may occur tf carried out along
with any meaeures DEQ deems necessary to ensure the Brownflelds Property wlll
be suitable for the uses specified In subparagraph 15.a. In Exhibit A hereto
attached whll9 fully protecting public heetth and the envtrorvnent. This llmltallon
does not apply to mowing and pruning of abova..ground vegetation, landscape planllngs that do not exceed 36 Inches In depth; and eme,genqo repair of
underground Infrastructure, H DEQ Is given wrltten notlcci (tf only by email} of any
such emergency repair no later than the next business dey, end that any related
assessment and remedial measures required by DEQ ant taken.
6. No bulldlng may be constructed on the Brownflelds Property and no
exletlng bulldlng, defined as those depicted on the plat component Qf the Notice of Brownflelds Property referenced In paragraph 20 In Exhlbh A hereto attached,
may be occupied untll:
o.11 ls demonstrated to DEQ's written satisfaction through a site·
Co!lCCl11mDn
Groumwatcr Sa!Jlle Date of F.xcecding S""""1
Contrunnant Locatim Satl1)mlg S1'ndMI (µwt,) lu.O.)
""""" MW-7 10/'26"2006 1.3 LO
12Di:hhrocthane MW-7 10/'2612006 72 0.4
1,2Di:hbroethane MW-8 I0/'2612006 150 0.4
Tctr1ehhrocth~lcne MW-7 I0/'2612006 07 0.7
GROUJ:iPWAJEl-VAPOR IJ,,.,:RUSIQN
Grotnlwatcr conalrirems "Aim poccra1 i>r ..,.por irrusDn (VI) ft mi:rowams per lier (lhe CC(UMIJent of parts pcrbE.on). 11'2 \'9J)Or druSDn saec:mg ~k li>r whi:b aredc:rr.'Od fom lht
Resilcn:ial Vapor ImusDn ~ ~k oflhc ln,i"lOn of Waste M~ March 2016
YCBOD):
Groundwater
Contan'IGint wih Potcm:iil ilr Vapor
Irnnsi>n
Sa!Jll~
L.octti:Jn
D:11cof
Salll'klg
Comenzrattln --Le~l(µglL)
Rcsilcmial N<»-VI ~si:!c:n!l!IJ
Scrccniig V!Scrc~
Level' Le~P
'""') (µon)
1,2 Di:hbrocthane MW·7 10/'26!2006 72 22.4 97.8
1,2 Di:hbrochanc MW-8 \0/'26/'2006 150 22.4 97.8
Sc:rccnq: Jevck dspby«I liJr ron-can:mgcns arc !or a hl:mrd quotle:nl equal to 0.2. ~rung
levels disph}ed furcarciMgcns mfora \.Or:-Sifetimc ~ntBI cmrcrrisl
ui W. LENOIR ST. ui
SITE.
W. SOUTI-1 ST.
VICINITY MAP
LEGEND:
EP -EXISTING IRON PIPE EPK -EXISTING Pl< NAN.
NIP -NEW IRON PIPE SET R/W -RIGHT OF' WAY
CATV -CABLE TV BOX EB -ELECTRIC BOX lil. -m..£PHONE PEDESTAL
PP -POWER POl..E OHL -OVERHEAD LINE
I, L JORDAN PARKER ..R, PROFESSIONAL LAND SURVEYOR NO. L-4~Hl5, a:RTlFY THAT TMIS Pl.AT IS OF A SURVEY OF AN EXISTING PARCO. OR PARCa5 OF
LAND AND DOES NOT CREATE A NEW STREET OR CHANCE AN EXISTlNG STREET.
LP -LIGHT POLE WM -WATER METER
'W -WATER VAL'vf: CO -SO{R CLEAN-OUT
LAARY J. PARKER. PROFESSIONAL tAND SUR'vf:YOR NO, L-4eB5
a. specific risk assessment, that the bulldlng Is protective of Iha
bulldlng's u1W1rs, publlc health and the environment from rtsk of vapor Intrusion;
b. It I& demonstrated, pursuant co a DEQ apprOYed plan, and
eubject to DEQ's approval, that the bulldlng woukt be or Is sufflclently dtstanl
from the Property's groundwater and/or &oll contamination that the bulldlng's
users, publlc health and the environment wlll be protected tram risk from vapor
Intrusion retated to eald contamination; or c. a plan for a vapor Intrusion mitigation eyetem, approved In
writing by DEQ In advance and Including a p~posed perfonnance assessment
for demonstration of the eystem'• protection of the bulktlng's users, public heatth
and the environment from risk from vspor Intrusion, Is Implemented to the
satisfaction of a North Csrollna,Ucensed professlonal engineer as reflected by an
Implementation report, bearing the seal of said engineer, that Includes
photographs and a description of the lnstallatlon and performance assessment of
the mitigation system.
7. None of the contaminants known to be present In the environmental
media at the Brownflelds Property, may be used or stored at the Brownfield&
Property without the prior written approval of DEQ, except: a. In de mlnlmls amounts for cleanlng and other routine
housekeeping activities;
b. as constituents of fuel&, lubricants and oils In emergency
generators, machinery, equipment and vehicles In on-board tanks Integral to &aid
Items or In flammable llquld storage containers totaling more than 25 gallons; or
c. as con&tltuente of products and materials customarily used or
stored In hotel, commercial, retail, offlcn and high density resldentlal usee
environments, provided such producta and matertals ere used, stored, and
disposed of In accordance wl1h appllcable laws and regulations.
8. Within 6(1 dsya after the effective date of this Agrwment or prior to
land d'9turbance acttvmu, Proepectlve Devek>per shan abandon monitoring
wells, Injection wells, recovery wells, plezometers and other man made polnte of
groundwater access al the Brownflelds Property, except those wells Identified In
accordance wlth Subchapter 2C of Tiiie 15A of the North Carolina Admlnlstrattve
Code, unless an attemate schedule Is approved by DEQ. Within 30 days after
doing eo, the Pro1pecttve Developer ahall provide DEQ a report, aattlng forth Iha
procedures and results.
9. The Brownflelds Property may r,ot be used a playground, or for child
care centers or school& without written approval by DEQ; however, Informal
recreal/onal activities by chlldn1n and adults are permitted.
10. The owner of any portion of the Brownflelds Property where any
existing, or subsequently Installed, DEQ-epproved monitoring wsll ls damaged by
such owner, Its contractors, or Its tenants &hall 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 Uae Restriction Is waived In writing by DEQ.
11. Neither DEQ, nor any party conducting envlronmental aHessment or
remediation at the Brownflelde Property at the direction of, or pursuant to a
permit, order or agrMrnent Issued or entered Into by DEQ, may be denied
acceaa to the Brownfield& 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 BrownOelds Property.
12. Any deed or other lnstrumenl conveying an Intents! In Iha
BrownRelds Property e1acuted by •n owner of any Interest In the Brownflekfs Property shall contain tho followlng notice: "The BrownOetds Property which Is
the subject of thts Instrument Is eubfect lo the Brownflelds Agreement attached
as Exhibit A to Iha Notk:e of Brownflelds Property recorded In the Wake County
land records, Book_, Page_." A copy of any such Instrument shall be
sent to the persons llstad In Section XV (Notices and SubmlssJons), though
financial figures related to the conveyance may be redacted. H DEQ Issues prJor,
written approval, an owner msy use the followlng mechanisms to comply with the
obllgatlon& of this paragraph, subject to the terms and conditions that DEQ may
establish In such approve!: 1) The owner may provide DEQ with copies of a form
lease or rider evidencing compliance with this paragraph, In Heu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); and (II) the owner may provide abstracts of leases, rather than full
copies of said le.aes, to the persons listed In Section XV.
13. During January of each year after the year In which the Notice
referenced below In paragraph 20 Is recorded, the owner of any part of the
Brownflelds Property aa of January 1st of that year (or owner's representative
authorized In writing to act on the owner's behalf) shall submit a notarized Land
Use Restrictions Update ("LURU") to DEQ, and to the chief public health and
environmental officlals of Wake County, certifying that, as of said January 1st, the
Notice of Brownflelds Property containing these land use msbictlons remain&
recorded at the Waka County Register of Deeds office and that the land usa restrictions ere being complied with, and atallng:
a. the name, melllng address, telephone and facslmlle numbera,
and contact person's e-mall address of the owner submitting the LURU tr uld
owner acquired any part of the Property In hte during the previous calendar year;
and
b. the transferM's name, malllng addresa, telephone and facstmlle numbers, and contact penion's e-mall address, ff said owner transferred
any part of the Brownfleld& Property tn fee during the prevloue calendar ye.ar.
c. whether any vapor ban"ler and/or mttlgatlon eystems Installed
pursuant to subparagraph 15.f, In Exhibit A hereto attached are performing as
designed, and whether the uses of the ground floors of any bulldlngs containing
such vapor barrier and/or mltlg.atlon systems have changed, and, If so, how.
Thi• plat or mop b not a 8Ubdlvlalan, but a recombination af pn,vloualy platted prq,wty,
ond m1N11te an 81.ohltory requirements for recording.•
PlonnlnQ and Dewdopment Officer /Woke County Review Officer
___FOR THE PURPOSES OF N.C.G.S. §130A-J10.J5
MICHAEl. E. scon. DIRECTOR OIV1SION OF WASTE MANAGEMENT STATE OF NORTH CAROLINA COUNTY OF WAl<E
DAT!
BROWNFIELDS SURVEY FOR
RESIDENCE INN
616 S. SALISBURY STREET
OWNER: SALISBURY STREET HOTEL, LLC
REF: D.8. 16251 PAGE 2588
REF:
REF:
8.M. 2014 PAGE 40
8.M. 2015 PAGE 1538
CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
30 15 0 ~o
SCALE 1•=30'
JULY 24, 2014
REVISED JUNE 5, 2015
REVISED AUGUST 4, 2016
ZONED BUS
PIN # 1703.42-66-5351
60
CAWTHORNE, MOSS & PANCIERA, P.C. SHEET 2 OF 2
PROFESSIONAL LAND SURVEYORS, C-1525, 333 S. WHITE SlREET, P.O. BOX 1253, WAKE FOREST N.C., 27588, [phone]
I !
BK016681 PG00580
EXHIBIT C
LEGAL DESCRIPTION
BEGINNING AT AN EXISTING PK NAIL IN THE NORTHERN
RIGHT OF WAY OF WEST SOUTH STREET AND THE
WESTERN RIGHT OF WAY OF SOUTH SALISBURY STREET,
SAID EXISTING PK NAIL HAVING GRID COORDINATES OF
N(y)=736,207.897' E(x)=2,106,605.250' (NAD 83'),
SAID EXISTING PK NAIL BEING LOCATED N 35°09'48 11
W 42.85' FROM A POINT IN THE INTERSECTION OF
SOUTH SALISBURY STREET AND WEST SOUTH STREET,
THENCE ALONG THE RIGHT OF WAY OF WEST SOUTH
STREET N 87°48'46 11 W 109.90' TO AN EXISTING PK
NAIL, THENCE LEAVEING SAID RIGHT OF WAY N
01°04'07 11 E 105.00' TO AN EXISTING IRON PIPE,
THENCE s 87°51'18 11 E 5.85' I THENCE N 02°11'14 11 E
105.00' TO AN EXISTING PK NAIL IN THE SOUTHERN
RIGHT OF WAY OF WEST LENOIR STREET, THENCE ALONG
SAID RIGHT OF WAYS 87°48'46 11 E 105.00' TO AN
EXISTING PK NAIL IN THE WESTERN RIGHT OF WAY OF
SOUTH SALISBURY STREET, THENCE ALONG SAID RIGHT
OF WAYS 02°11'14" W 210.00' TO THE POINT AND
PLACE OF BEGINNING CONTAINING 0.519 ACRES,
22,614 SQ.FT.
BK016681 PG00581
. I
BOOK:616681 PAGE:60541 -08581
NORTH CAROLINA
Please retain yellow trailer page
It is part of the recorded document and must be submitted with the original for re-
recording
Laura M. Riddick
Register of Deeds
Wake County Justice Center
300 South Salisbury Street, Suite 1700
Raleigh, NC 27601
D New Time Stamp D $25 Non-Standard Fee
D Additional Document Fee D Additional Reference Fee
This Customer Group This Document
___ # of Excessive Entities I./ I # of Pages '!"
___ # of Time Stamps Needed