20066_16-060_Parkwood_Proceed to Public Comment Approval_20170419

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Thompson, Jordan L
From:Thompson, Jordan L
Sent:Tuesday, April 18, 2017 4:19 PM
To:'Jason Mochizuki'; Robert Karl ([e-mail]); Chris Ward
Cc:Nicholson, Bruce; Wahl, Tracy; Watson, Samuel; Liggins, Shirley; Scott, Michael
Subject:Parkwood Station 20066-16-060 Approval to proceed to Public Comment
Attachments:20066_Parkwood_Full NI_04182017.pdf; 20066_Parkwood_SNI_04182017.pdf
Dear Mr. Mochizuki:

Based on acceptance by the Prospective Developer of drafts of all four required brownfields documents -- the Notice of
Intent to Redevelop a Brownfields Property (NI), Summary of Notice of Intent to Redevelop a Brownfields Property
(SNI), Notice of Brownfields Property (NBP) and the Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's
approval of the plat component of the NBP, Prospective Developer may now proceed to the tasks required by NCGS §
130.310.34(a) in connection with the required public notice and comment period of at least 30 days regarding the subject
brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the brownfields property is
located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Provide a copy of the full NI to the local location where it will be available for public review as stated in the SNI, and
5. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits (the Brownfields
Agreement, the survey plat, and the legal description), to all local governments having jurisdiction over the brownfields
property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion of the above tasks. The
NI and SNI, with a date filled in representing our belief as to how long it will take you to complete those tasks by
April 18, 2017, are attached hereto. The comment period shall not end any sooner than 30 days after you complete the
tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the public notices to DEQ
prior to DEQ entering into a Brownfields Agreement. That documentation shall be submitted by promptly providing to
me, preferably at [e-mail] or at Brownfields Program, 1646 Mail Service Center, Raleigh, NC
27699-1646, the following:

 Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the newspaper which
shows the name of the newspaper and the date of publication,
 Photos of the SNI posted at the site, one close up to show the wording and one far enough to show the posting
location relative to the property,
 Copies of the cover letters and copies of the mailing receipts stamped by the post office or copies of the delivery
service receipts for the SNI sent to contiguous property owners,
 A letter confirming receipt of the full NI from each local government entity and the entity where the document
will be available for viewing or delivery confirmation from the carrier confirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additional information, you may
contact me. 

Ms. Jordan Thompson
Project Manager
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Brownfields Program
Department of Environmental Quality

704-235-2166 office
[e-mail]

610 E. Center Avenue
Suite 301
Mooresville, NC 28115

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties. 

20066-16-060/Parkwood Station (4/18/2017)

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Parkwood Station
Brownfields Project Number: 20066-16-060

Pursuant to NCGS § 130A-310.34, Parkwood Residences, LLC, as Prospective Developer, has
filed with the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to
Redevelop a Brownfields Property (“Property”) in Charlotte, Mecklenburg County, North Carolina. The
Brownfields Property, which is the former site of Charlotte Workshop for the Blind, Carolina Tool and
Die, Keeter Dixon Pearre, and Industrial Sign and Graphics consists of 3.654 acres and is located at
1702, 1706, and 1720 N. Brevard St.; 1721 N. Caldwell St.; 414 and 418 E. 21st St.; and 427 E. 20th St.
Environmental contamination of VOCs, PAHs, and metals exists on the Brownfields Property in soil,
groundwater, and soil gas. Parkwood Residences, LLC has committed itself to redevelopment as high
density residential, retail, and subject to DEQ’s prior written approval, other commercial uses on the
Brownfields Property.

The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and Parkwood Residences, LLC, which in turn includes (a) a map showing
the location of the Property, (b) a description of the contaminants involved and their concentrations in
the media of the Property, (c) the above-stated description of the intended future use of the Brownfields
Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Charlotte-
Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street, Charlotte,
NC 28202, [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at [e-mail], or at (919)
707-8383.

Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than April 18, 2017, and will end on the later of:
a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the
latest of the three (3) above-referenced dates. All public comments and public meeting requests should
be addressed as follows:

Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646

20066-16-060/Parkwood Station (4/18/2017)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Parkwood Station
Brownfields Project Number: 20066-16-060

North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (“Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than April 18,
2017, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646

20066-16-060/Parkwood Station (4/18/2017)

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Property Owner: PARKWOOD RESIDENCES, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name:
Brownfields Project Number:

This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by PARKWOOD
RESIDENCES, 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 comprises five parcels totaling 3.64 acres located at 1702, 1706, and 1720 N.
Brevard St.; 1721 N. Caldwell St.; 414 and 418 E. 21st St.; and 427 E. 20th St., Charlotte, Mecklenburg County,
North Carolina. The Mecklenburg County tax parcel numbers are 08107803, 08107804, 08304101, 08304103,
and 08304106. The Brownfields Property was previously occupied by Charlotte Workshop for the Blind,
Carolina Tool and Die, and Keeter Dixon Pearre from the 1950s through the mid-1990s and was most recently
occupied by Industrial Sign & Graphics from the mid-1990s until early 2017, when the property was vacated.
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The proposed use of the Brownfields Property is for high density residential, retail, and subject to DEQ’s prior
written approval, other commercial uses.

The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to
protect public health and the environment, 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 of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the
Notice identify:

(1) The location and dimensions of the areas of potential environmental concern with respect to
permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to exist on the
Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient
as a description of the property in an instrument of conveyance.

LAND USE RESTRICTIONS

NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future
use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the Brownfields Property and that are designated in the Brownfields
Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ
(or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to
NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The restrictions are hereby imposed on the Brownfields Property, and are as follows:

1. No use may be made of the Brownfields Property other than for high density residential, retail,
and subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the
following definition applies:

a. 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. 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.
c. Commercial defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.
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2. The Brownfields Property may not be used for child care, adult care centers or schools
without the prior written approval of DEQ.

3. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in
regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that
encounter or expose groundwater) may occur on the Brownfields Property unless and until DEQ states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures
DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph
1, above, while fully protecting public health and the environment. Prior sampling and analysis of groundwater
to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical
results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards and
screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related
activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities 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 1 above, while fully protecting public health and the
environment.

4. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ
states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 1 above while fully protecting public health and the environment, except:

a. in connection with landscape planting to depths not exceeding 2 ft below ground
surface; unless otherwise provided in a DEQ-approved EMP.
b. mowing and pruning of above-ground vegetation and;
c. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency
circumstances no later than the next business day, and that any related assessment and remedial measures
required by DEQ shall be taken.
d. in connection to work conducted in accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined in subparagraph 9.

5. No use of the Brownfields Property may occur until the then owner of the Brownfields
Property conducts representative final grade soil sampling of any open areas of the Brownfields Property
pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or
asphaltic/concrete parking areas and driveways.

6. Soil may not be removed from, or brought onto, the property without prior sampling and
analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an
approved EMP as outlined in Paragraph 9.

7. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of this Notice, may be occupied until DEQ
determines in writing that:
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a. the building is or would be protective of the building’s users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property’s
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the
building’s users, public health and the environment will be protected from risk from vapor intrusion related to
said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional
seal on a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by
DEQ in advance of installation and/or implementation of said measures. The design specifications shall include
methodology(ies) for demonstrating performance of said measures.

8. Surface water at the Brownfields Property may not be used for any purpose, other than in
connection with legally compliant storm water collection and reuse techniques, without the prior written
approval of DEQ.

9. Unless compliance with this Land Use Restrictions is waived in writing in advance by DEQ
in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields
Property depicted on the plat component of this Notice shall be completed in accordance with applicable legal
requirements, including without limitation those related to lead and asbestos abatement that are administered by
the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of
Health and Human Services.

10. 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, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2;
c. contingency plans for addressing, including without limitation, the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums,
septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.

11. Within 90 days after the one-year anniversary of the effective date of this Agreement, and
every year thereafter, 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
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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 on the Brownfields Property in accordance with Section V: Work to be
Performed above;
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).

12. 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.

13. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to
the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.”
A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
though: (i) financial figures related to the conveyance may be redacted; and (ii) such disclosure may be in
accordance with the confidentiality and trade secret provisions of the North Carolina Public Records Law (to
the extent applicable). Prospective Developer 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: (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.

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

a. in de minimis quantities for cleaning and other routine housekeeping and maintenance
activities; and
b. in fluids in vehicles.

15. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be
responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to
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DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

16. During January of each year after the year in which this is recorded, the owner of any part of
the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update
(“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are
being complied with, 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 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 transferred any part of the Brownfields Property during the previous
calendar year;
c. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph
7, 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.
d. LURU’s submitted for any portion of the Brownfields Property that contains rental
units shall include a list of tenants and their addresses.
e. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification requirements
in paragraph 22 of this agreement, attached hereto.

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.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 201__.

Parkwood Residences, LLC

By: __________________________________________
J. David Heller
Authorized Representative

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.

Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields Property, I
hereby acknowledge recordation of this Notice of Brownfields Property and the Land Use Restrictions
contained herein.

[Name of Owner]

By:
______________________________
_______________
________________________
Name typed or printed: ___________________________ Date

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

20066-16-060/ Parkwood Station (4/18/2017)
EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: Parkwood Residences LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Parkwood Station
OF 1997, NCGS § 130A-310.30, et seq. ) 1702, 1706, and 1720 N. Brevard St.;
Brownfields Project #20066-16-060 ) 1721 N. Caldwell St.; 414 and 418 E.
21st St.; and 427 E. 20th St.
Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Prospective Developer Parkwood
Residences LLC (collectively the "Parties") pursuant to the Brownfields Property Reuse Act of
1997, NCGS § 130A-310.30, et seq. (the “Act”) for the property located at 1702, 1706, and 1720
N. Brevard St.; 1721 N. Caldwell St.; 414 and 418 E. 21st St.; and 427 E. 20th St., Charlotte,
Mecklenburg County (the “Brownfields Property”). A map showing the location of the
Brownfields Property that is the subject of this Agreement is attached hereto as Exhibit 1.
Parkwood Residences LLC is a Delaware limited liability company whose business
address is 5309 Transportation Boulevard in Cleveland, Ohio 44125. The manager is J. David
Heller of Parkwood Residences LLC. This agreement pertains to 3.654 acres of land located at
1702, 1706, and 1720 N. Brevard St.; 1721 N. Caldwell St.; 414 and 418 E. 21st St.; and 427 E.
20th St., Charlotte, Mecklenburg County, North Carolina. The Mecklenburg County tax parcel
numbers are 08107803, 08107804, 08304101, 08304103, and 08304106. The proposed use of
the Brownfields Property is for high density residential, retail, and, subject to DEQ’s prior

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20066-16-060/ Parkwood Station (4/18/2017)
written approval, other commercial uses. A map showing the location of the Brownfields
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
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 Parkwood Residences LLC for contaminants at the Brownfields Property.
The Parties agree that Parkwood Residences LLC’s entry into this Agreement, and the
actions undertaken by Parkwood Residences LLC in accordance with the Agreement, do not
constitute an admission of any liability by Parkwood Residences LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Parkwood Residences LLC shall provide to DEQ, is in the public interest.

II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Parkwood Residences LLC.

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III. STATEMENT OF FACTS
3. The Brownfields Property comprises five parcels totaling 3.654 acres. Prospective
Developer has committed itself to redevelopment for no uses other than high density residential,
retail, and, subject to DEQ’s prior written approval, other commercial uses.
4. The Brownfields Property is bordered to the northeast by E. 21st Street beyond which
is land used for single family residences and a trailer storage lot; to the southeast by N. Caldwell
Street beyond which is a commercial property occupied by Sealand Contractors Corporation; to
the southwest by Parkwood Ave. beyond which is land used for single family residences; and to
the northwest by N. Brevard Street beyond which is railroad tracks and Charlotte Lynx Blue Line
tracks.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Phase I ESA ESP Associates, P.A. September 2015
Phase II ESA ESP Associates, P.A. August 2016
Remedial Investigation Additional
Assessment Report ESP Associates, P.A. December 2016

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The earliest historical information available for the Brownfields Property was
in 1929, use consisted of residences and vacant land. The residences were demolished in stages
between 1929 and 1973, with the exception of the remaining residence along the eastern

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Brownfields Property boundary. The remaining residence has been occupied by residential
tenants since initial construction until late 2016, when the residence was vacated.
b. The Brownfields Property was further developed between 1929 and 1993 with
the current industrial buildings that were constructed in sections and as additions to existing
buildings. The current industrial buildings were occupied by operations including a wiper &
waste cloth manufacturing facility (with associated laundry and machine shop), the Charlotte
Workshop for the Blind, Carolina Tool and Die, and Keeter Dixon Pearre from the 1950s
through the mid-1990s. The Brownfields Property was most recently occupied by Industrial
Sign & Graphics from the mid-1990s until early 2017, when the property was vacated.
c. The Prospective Developer purchased Mecklenburg County parcel # 08304103
on August 24, 2016 and is under contract to purchase the remainder of the Brownfields Property
following completion of the Brownfields Agreement.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A 6,000-gallon fuel oil Underground Storage Tank (UST) was excavated from
the Brownfields Property on August 2, 2004. Three confirmation samples were collected from
the base of the UST excavation and no impacts were identified above the DEQ UST Screening
Criteria.
b. A Phase II ESA completed in August 2016 identified soil contamination of
arsenic and hexavalent chromium above DEQ Residential Preliminary Soil Remediation Goals
(PSRGs) and groundwater contamination with a volatile organic compound (VOC)

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(tetrachloroethylene), a semi-volatile organic compound (SVOC) (Bis(2-Ethylhexyl) phthalate),
and a Resource Conservation and Recovery Act (RCRA) metal (Total Chromium) above DEQ
2L Standards.
c. A Remedial Investigation Additional Assessment Report completed in
December 2016 identified soil contamination of arsenic throughout the Brownfields Property and
select Polynuclear Aromatic Hydrocarbons (PAHs) above DEQ Residential PSRGs in one soil
boring in the southwest portion of the Brownfields Property and identified soil gas impacted with
tetrachloroethylene (PCE) above DEQ Residential Soil Gas Screening Levels (SGSLs).
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on December 1, 2016. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled. Groundwater at the Brownfields Property is
impacted with a VOC, an SVOC, and a RCRA metal; and soil is impacted with SVOCs and
metals.
9. For purposes of this Agreement, DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated August 26, 2016, and the
following:
a. On August 24, 2016, Prospective Developer purchased Mecklenburg County
parcel number 08304103 of the Brownfields Property;

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b. On August 3, 2015, Prospective Developer contracted to purchase remaining
Mecklenburg County parcel numbers 08304106, 08304101, 08107803, and 08107804 of the
Brownfields Property.
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 § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.

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11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.

IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs during redevelopment along with managerial and
maintenance jobs following redevelopment;
d. an increase in tax revenue for affected jurisdictions;
e. Additional residential space for the area;
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

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V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields 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
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields 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 Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, retail, and subject to DEQ’s prior written approval, other commercial uses. For
purposes of this restriction, the following definition applies:

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i. 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.
ii. 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.
iii. Commercial defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may occur
on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a, above, while fully protecting public health and the environment. Prior

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sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities 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, above, while fully protecting public
health and the environment.
d. No activity that disturbs soil on the Brownfields Property, may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 2 ft below
ground surface; unless otherwise provided in a DEQ-approved EMP.
ii. mowing and pruning of above-ground vegetation and;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by
email) of any such repair, or in emergency circumstances no later than the next business
day, and that any related assessment and remedial measures required by DEQ shall be
taken.

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iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 15.i.
e. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any open areas of the
Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by
building foundations, sidewalks, or asphaltic/concrete parking areas and driveways.
f. Soil may not be removed from, or brought onto, the property without prior
sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined in Paragraph 15.i.
g. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20, below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or
a site-specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in
writing by DEQ that the building’s users, public health and the environment will be
protected from risk from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented

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to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by
said engineer’s professional seal on a report that includes photographs and a description
of the installation and performance of said measures. Any design specification for vapor
intrusion mitigation measures shall be approved in writing by DEQ in advance of
installation and/or implementation of said measures. The design specifications shall
include methodology(ies) for demonstrating performance of said measures.
h. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
i. Unless compliance with this Land Use Restrictions is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be completed in accordance with applicable legal requirements,
including without limitation those related to lead and asbestos abatement that are administered
by the Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
j. 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

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phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation, the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
k. Within 90 days after the one-year anniversary of the effective date of this
Agreement, and every year thereafter, for as long as physical redevelopment of the Brownfields
Property continues (except that the final deadline shall fall 90 days after the conclusion of
physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report
subject to written DEQ approval on environment-related activities since the last report, with a
summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;

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ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property
(copies of all legally required manifests shall be included).
l. 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.
m. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg 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: (i) financial
figures related to the conveyance may be redacted; and (ii) such disclosure may be in accordance
with the confidentiality and trade secret provisions of the North Carolina Public Records Law (to

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the extent applicable). Prospective Developer 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: (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.
n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; and
ii. in fluids in vehicles.
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
p. During January of each year after the year in which the Notice referenced

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below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with, and stating:
i. 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 Brownfields Property during the previous calendar year;
ii. 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 during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15, 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.
iv. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
v. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraph 22 of this agreement.

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16. The desired result of the above-referenced land use restrictions is to make the
Brownfields 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 the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version,
except as set forth in a DEQ-approved EMP.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.

VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields 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 Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to

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minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields 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 Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property

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recorded in the Mecklenburg 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. 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 (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.

VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective

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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 Brownfields Property other than that committed to in
the Brownfields Property Application dated August 26, 2016, by which it applied for this
Agreement. That use is high density residential and retail. Prospective Developer also certifies
that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all
information known to Prospective Developer and all information in the possession or control of
its officers, directors, employees, contractors and agents which relates in any way to any past use
of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.

IX. DEQ’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 Brownfields

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Property except as specified in this Agreement, as follows:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,

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further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
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-310.33, the liability protections provided herein, and

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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 Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.

X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.

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

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health and the environment which may be posed by regulated substances at the Brownfields
Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose,
nor a waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of
NCGS § 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.

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
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. To the extent DEQ
retains any copies of such documents, Prospective Developer retains all rights it then may have

25

20066-16-060/ Parkwood Station (4/18/2017)
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.

XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:

a. for DEQ:
Jordan Thompson (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

J. David Heller
Parkwood Residences LLC
5309 Transportation Boulevard
Cleveland, Ohio 44125

Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day

26

20066-16-060/ Parkwood Station (4/18/2017)
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
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
37. 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).

27

20066-16-060/ Parkwood Station (4/18/2017)
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 Brownfields 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
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.

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 of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a

28

20066-16-060/ Parkwood Station (4/18/2017)
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
Parkwood Residences LLC
By:
____________________________________________________________________________
J. David Heller Date
Authorized Representative

0 1,000 2,000Feet
ESP Associates, P.A.
P.O. Box 7030Charlotte, NC 28241
phone [phone]
www.espassociates.com
SHEET TITLE
PROJECT
PROJECT NO.
SCALE
DRAWN BY
CHECKED BY
DT19.602
WB
CWDATE2/24/2017
EXHIBIT 1SITE LOCATION MAP
PARKWOOD STATION SITEµAs Shown
CHARLOTTE, NORTH CAROLINA
Site Approximate Scale
SITE
Charlotte East, North Carolina 2015U.S.G.S. Quadrangle Map7.5 Minute Series (Topographic)

20066-16-060/Parkwood Station (4/18/2017)

1
Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on December 1, 2016. The following tables set forth, for contaminants present
at the Property above unrestricted use standards or screening levels, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
groundwater standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement.

GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard (g/L)
Standard
(g/L)
Tetrachloroethylene
MW-2 7/6/2016 5.6
0.7
MW-3 7/6/2016 37
MW-5 7/6/16 32
MW-10S 7/6/2016 26
MW-10D 7/6/2016 18
MW-11 7/6/2016 5.5
TMW-20 4/29/2016 60.0
TMW-22 4/29/2016 11.0
Barium TMW-25 4/29/2016 762 700
Total Chromium MW-9 7/6/2016 13.0* 10 TMW-25 4/29/2016 30.7
Bis(2-Ethylhexyl)
phthalate
MW-3 7/6/2016 4.8
3 MW-8 7/6/2016 5.0
MW-9 7/6/2016 5.0
*Resampled MW-9 on 7/18/2016, and total Chromium was detected at 4.5 g/L

GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from
the Residential Vapor Intrusion Screening Levels of the Division of Waste Management (October
2016 version):

20066-16-060/Parkwood Station (4/18/2017)

2
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (g/L)
Residential VI
Screening
Level1
(g/L)
Tetrachloroethylene
MW-3 7/6/2016 37
11.5 MW-10S 7/6/2016 26
MW-10D 7/6/2016 18
TMW-20 4/29/2016 60.0
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health-Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (October
2016 version):

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level1
(mg/kg)
Arsenic
HA-1 1-2 4/15/2016 0.91
0.68²
HA-2 1-2 4/14/2016 1.1
B-23 1-2 4/14/2016 0.99
MW-1 13.5-15 6/29/2016 1.0
MW-5 13.5-15 6/27/2016 1.0
MW-7 6-7.5 6/29/2016 1.6
MW-8 3.5-5 6/28/2016 1.4
MW-10 3.5-5 6/28/2016 1.9
MW-11 3.5-5 6/28/2016 2.7
SB-1 0.1-2 11/29/2016 2.0
SB-2 0.7-2 11/29/2016 2.0
SB-3 0.3-2 11/29/2016 10.4
SB-3 Dup 0.3-2 11/29/2016 8.1
SB-3 2-6 11/29/2016 1.7
SB-4 0.4-2 11/29/2016 1.3
SB-4 2-12 11/29/2016 1.7
SB-5 0.3-2 11/29/2016 5.2
SB-5 2-8 11/29/2016 2.6
Hexavalent
Chromium
MW-1 13.5-15 6/29/2016 0.92 0.30 MW-3 13.5-15 6/28/2016 0.47

20066-16-060/Parkwood Station (4/18/2017)

3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level1
(mg/kg)
Benzo(a)
anthracene SB-3 0.3-2 11/29/2016 0.161 0.160
Benzo(a) pyrene SB-3 0.3-2 11/29/2016 0.188 0.016 SB-3 Dup 0.3-2 11/29/2016 0.193
Benzo(b)
fluroanthene
SB-3 0.3-2 11/29/2016 0.299 0.160 SB-3 Dup 0.3-2 11/29/2016 0.253
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
²The IHSB’s tabulated generic residential use preliminary remediation goal (“remedial goal”) for arsenic is
0.68 mg/kg. However, the IHSB generic preliminary remediation goal conservatively assumes the presence
of additional soil contaminants that have the same health effects, a factor not present at this site. The IHSB
guidelines also allow for the development of site-specific remediation goals when appropriate. The North
Carolina Brownfields Program is statutorily required to apply standards at each brownfields site that are
only as stringent as necessary to make the site suitable for the uses specified in the Agreement while fully
protecting public health and the environment. This Agreement’s arsenic remedial goal (“screening level”)
was developed using site-specific factors through a Human Health Risk Assessment conducted pursuant to
U.S. EPA risk assessment guidance. The site-specific residential remedial goal for arsenic is 33 mg/kg.

*Site specific screening criteria for arsenic is 33 mg/kg based on DEQ’s review of the Site data.

SOIL GAS

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management
(October 2016 version):

Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(g/m3)
Residential
Screening
Limit1
(g/m3)
Tetrachloroethylene GP-2 12/1/2016 603 278 GP-2 Dup 12/1/2016 620
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Exhibit C
Legal Description for Parkwood Station
Project Number 20066-16-060

TAX PARCELS: 081-078-03, 081-078-04, 083-041-01, 083-041-03, 083-041-06

ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND, LYING AND BEING IN THE CITY OF
CHARLOTTE, MECKLENBURG COUNTY, STATE OF NORTH CAROLINA BEING MORE FULLY SHOWN
AND DESIGNATED ON A BROWNFIELDS PROPERTY-SURVEY PLAT PREPARED BY GPA
PROFESSIONAL LAND SURVEYORS, ENTITLED "TAX PARCEL ID#S 083-041-03, 081-078-03, 083-041-01,
081-078-04, & 083-041-06 LOCATED IN CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH
CAROLINA” DATED JANUARY 1, 2017 AND HAVING THE FOLLOWING METES AND BOUNDS TO WIT:

COMMENCING AT AN EXISTING NORTH CAROLINA GRID MONUMENT "MCDOWELL" BEING ON THE
NORTH EASTERLY SIDE OF EAST SEVENTH STREET HAVING A NORTHING OF 541,237.39 FT. AND
EASTING E 1,452,816.02 FT.; THENCE N 31°49'22" E A GROUND DISTANCE OF 5619.19' TO AN IRON ROD
FOUND, SAID PIN BEING ON THE NORTHERN RIGHT OF WAY OF PARKWOOD AVENUE (VARIABLE
WIDTH PUBLIC R/W) AND BEING THE POINT OF BEGINNING; THENCE WITH THE NORTHERLY LINE
OF PARKWOOD AVENUE (VARIABLE PUBLIC R/W) AND WITH THE SOUTHERLY LINE OF NORTH
BREVARD STREET (40' PUBLIC R/W) THE FOLLOWING EIGHT (8) COURSES AND DISTANCES (1) WITH
A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 41.08', WITH A RADIUS OF 50.00', WITH
A CHORD BEARING OF N 34°46'29" W, WITH A CHORD LENGTH OF 39.93', TO AN IRON ROD FOUND;
(2) N 08°33'47" W A DISTANCE OF 45.01' TO AN IRON ROD FOUND; (3) WITH A CURVE TURNING TO
THE RIGHT WITH AN ARC LENGTH OF 80.27', WITH A RADIUS OF 157.65', WITH A CHORD BEARING
OF N 15°17'11" E, WITH A CHORD LENGTH OF 79.41', (4) WITH A COMPOUND CURVE TURNING TO THE
RIGHT WITH AN ARC LENGTH OF 47.92', WITH A RADIUS OF 157.65', WITH A CHORD BEARING OF N
38°34'56" E, WITH A CHORD LENGTH OF 47.74',; TO A PKNAIL FOUND; (5) N 47°34'32" E A DISTANCE OF
17.80' TO A CALCULATED POINT; (6) N 47°34'32" E A DISTANCE OF 17.80' TO AN IRON ROD FOUND
W/CAP; (7) N 47°36'10" E A DISTANCE OF 100.21' TO AN IRON ROD FOUND; (8) N 47°44'56" E A DISTANCE
OF 203.82' TO A CALCULATED POINT LOCATED AT THE INTERSECTION OF THE SOUTHERLY LINE
OF NORTH BREVARD STREET (60' PUBLIC R/W) AND THE WESTERLY LINE OF EAST 21ST STREET (45'
PUBLIC R/W); THENCE WITH THE WESTERLY LINE OF EAST 21ST STREET (45' PUBLIC R/W) THE
FOLLOWING FOUR (4) COURSES AND DISTANCES, (1) S 42°32'43" E A DISTANCE OF 179.84' TO AN IRON
PIPE FOUND; (2) S 40°10'08" E A DISTANCE OF 9.59' TO AN IRON ROD FOUND; (3) S 42°17'58" E A
DISTANCE OF 49.78' TO AN IRON ROD FOUND; (4) S 42°20'11" E A DISTANCE OF 141.53' TO AN IRON
PIPE FOUND LOCATED AT THE INTERSECTION OF THE WESTERLY LINE OF EAST 21ST STREET (45'
PUBLIC R/W) AND THE NORTHERLY LINE OF NORTH CALDWELL STREET (40' WIDTH PUBLIC R/W);
THENCE WITH THE NORTHERLY LINE OF NORTH CALDWELL STREET (40' PUBLIC R/W) TWO (2)
COURSES AND DISTANCES (1) S 48°03'48" W A DISTANCE OF 305.18' TO AN IRON ROD FOUND; (2) S
47°07'13" W A DISTANCE OF 17.65' TO A NAIL FOUND LOCATED AT THE INTERSECTION OF THE
NORTHERLY LINE OF NORTH CALDWELL STREET (40' PUBLIC R/W) AND THE NORTH EASTERLY
LINE OF PARKWOOD AVENUE (VARIABLE WIDTH PUBLIC R/W); THENCE WITH THE NORTH
EASTERLY LINE OF PARKWOOD AVENUE (VARIABLE PUBLIC R/W) THE FOLLOWING FIVE (5)
COURSES AND DISTANCES (1) WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF
0.90', WITH A RADIUS OF 27.92', WITH A CHORD BEARING OF S 46°31'52" W, WITH A CHORD LENGTH
OF 0.90'; (2) WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 20.19',
WITH A RADIUS OF 27.92', WITH A CHORD BEARING OF S 68°10'20" W, WITH A CHORD LENGTH
OF19.75',; TO AN IRON ROD FOUND; (3) WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH
AN ARC LENGTH OF 16.43', WITH A RADIUS OF 27.92', WITH A CHORD BEARING OF N 74°14'58" W,
WITH A CHORD LENGTH OF16.20', TO AN IRON ROD FOUND; (4) WITH A REVERSE CURVE TURNING
TO THE LEFT WITH AN ARC LENGTH OF 155.22', WITH A RADIUS OF 675.56', WITH A CHORD BEARING
OF N 67°36'14" W, WITH A CHORD LENGTH OF154.88', TO AN IRON ROD FOUND; (5) WITH A
COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 113.54', WITH A RADIUS OF
680.39', WITH A CHORD BEARING OF N 78°50'59" W, WITH A CHORD LENGTH OF113.41', TO AN IRON
ROD FOUND; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 159,179.27 SQUARE FEET,
3.654 ACRES