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Home My WebLink About16008_Southside East_LURU Model_20171129NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Southside East Project #: 16008-12-032 Address: S. Roxboro St. & E. Piedmont Ave County: Durham Property Owner (In part or whole): ____________________________ Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of Development Phase l, Development Phase 2 or Development Phase 3 other than for Multi-Family Residential Use and Mixed-Use, without prior written approval by the Department of Environmental Quality (“DEQ”). The recorded land use restriction for Development Phase 1, Development Phase 2 and Development Phase 3 shall include the definitions of Multi-Family Residential Use and Mixed Use as they appear below. (This restriction is applicable only to the deeds for Development Phase 1, Development Phase 2 and Development Phase 3 and not for any Existing ROWs or Future ROWs.) For this use restriction the following definitions apply: “Multi-Family Residential Use” refers to a permanent dwelling such as a condominium, apartment, townhouse, group home, dormitory or boarding house where residential units are attached to each other with common walls and any property outside the dwelling structure which is common to the residents and not privately owned as part of an individual dwelling unit. Such common property may include stormwater retention ponds (in compliance with local regulations) as well as playgrounds, swimming pools, green space and other areas for recreation, provided that any such playgrounds, green space, swimming pools or recreational areas located where contaminated soil is present (as shown on Exhibit B, sheet 2 and sheet 3) must be covered with hardscape and/or at least two feet of a clean soil cap and otherwise comply with the Environmental Management Plan. “Mixed Use” refers to the development of property, which allows the mixing of residential, commercial, and industrial development. The planned development creates greater choices in living and working environments. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use may be made of the Existing ROWs other than for a public right of way, without prior written approval by DEQ. (This restriction is applicable only to the deeds for the Existing ROWs.) Those portions of the ROWs that are paved/capped must remain with impervious surfaces. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Future physical redevelopment of the Property may not occur other than in accordance with the DEQ-approved Environmental Management Plan required under Paragraph 20 of the Brownfields Agreement (“Agreement”; aka: Exhibit A). The Environmental Management Plan must be approved in writing by DEQ in advance of future redevelopment activities (and revised to DEQ's written satisfaction prior to any subsequent redevelopment). This restriction is applicable to Development Phase 1, Development Phase 2, Development Phase 3, the Existing ROWs and the Future ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. This restriction is applicable to Development Phase 1, Development Phase 2, Development Phase 3, the Existing ROWs and the Future ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ After redevelopment covered by the Environmental Management Plan and redevelopment summary report is complete , no activity that disturbs contaminated soil or groundwater at the Property (the areas shown on the Exhibit B to the Notice of Brownfields Property, sheet 2 and sheet 3) may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out in accord with measures, if any, DEQ deems necessary to ensure the Property will be suitable for the uses specified in this Agreement while fully protecting public health and the environment. Notwithstanding the above, Prospective Developer may conduct landscaping and other activities in the areas of contaminated soil shown on Exhibit B, sheet 2 and sheet 3 that do not penetrate the witness barrier or disturb contaminated soil beneath the witness barrier. In the event of an emergency excavation beneath the witness barrier where contaminated soil remains on the Property (as shown on Exhibit B, sheet 2 and sheet 3) Prospective Developer shall provide DEQ with written notice (if only by email) no later than the next business day and perform any related assessment and remedial measures required by DEQ necessary to ensure that the Property will be suitable for the uses specified in the Agreement and protect public health and the environment. This restriction is applicable only to the deeds for Development Phase 1, Development Phase 3 (excluding Development Phase 3 Block B) and the Existing ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ [Intentionally Omitted] The Property may not be used for commercial child care centers or schools for children without the prior written approval of DEQ. This restriction is applicable to Development Phase 1, Development Phase 2, Development Phase 3, the Existing ROWs and the Future ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Prospective Developer grants to DEQ and its authorized agents, contractors and employees the right to access the Property at all reasonable times for monitoring, inspecting or enforcing the land use restrictions under the Agreement. Nothing herein shall be deemed to limit or otherwise restrict DEQ's rights of access and entry to the Property under federal or state law. This restriction is applicable to Development Phase 1, Development Phase 2, Development Phase 3, the Existing ROWs and the Future ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced in the Agreement Paragraph 27 is recorded, the owner of any part of the 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 Durham County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Durham County Register of Deeds office and certifying that the land use restrictions applicable to the portion of the Property owned by such person are being complied with. The City of Durham shall file the LURU for the Existing ROWs and Future ROWs. A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. In addition to said certification of land use restriction compliance, the LURU shall provide the following information: 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 during the previous calendar year; ______________________________________________________________ the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred ownership of any part of the Property during the previous calendar year; and ______________________________________________________________ If applicable, a joint LURU submitted for multiple owners by a duly constituted board or association shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. ______________________________________________________________ For any leases associated with rental units on the Property, the LURU shall include the names of new tenants during the previous calendar year and a copy of the lease used during the previous calendar year sufficient to demonstrate compliance with the lessee notification requirement in Paragraphs 28 and 29 of the Exhibit A. ______________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any deed, lease, 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 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 Durham County land records, Book 8079, Page 118.” A copy of any such instrument conveying ownership of the Property shall be sent to the persons listed in Section XVI (Notices and Submissions) of the Exhibit A, though financial figures related to the conveyance may be redacted. This restriction is applicable to Development Phase 1, Development Phase 2, Development Phase 3, the Existing ROWs and the Future ROWs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Durham County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___ day of _________, 20__. Name typed or printed of party making certification: __________________ [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________