20211658 Ver 1_JJ DWR Transmittal Letter and Attachments_20211110

STORMWATER DIVISION
November 10, 2021
NC Division of Water Resources
401 and Buffer Permitting Unit
1617 MSC
Raleigh, NC 27699-1617
ATT: Paul Wojoski
RE: Application for 401 WQC and Neuse Buffer Authorization
Culvert Rehab — James Jackson Avenue
Cary, NC
Dear Mr. Wojoski:
Enclosed are attachments to the Town's application for the above -referenced project. The project site
is a road crossing over a UT to Coles Branch (Neuse). Two 66-inch diameter reinforced concrete pipes
(RCPs) convey the stream beneath James Jackson Avenue. Sediment accumulation is blocking the
downstream end of the north (right) culvert. In addition, trees have grown up over the culverts on both
the upstream (east) and downstream (west) sides of the road.
The Town proposes the following:
Removal of the trees from above the culvert pipes on both the upstream and downstream sides
of the road to prevent the tree roots from infiltrating the culvert pipe joints; and
Removal of the sediment bar in front of the north (right) downstream culvert to improve storm
flow passage through the culverts and reduce supercharging and backups on the upstream
side of the road.
Proposed impacts are 16 LF of stream (temporary) and 620 SF of Z1 tree removal (herbaceous and
shrubs to remain; no ground disturbance) above the culverts, plus an additional 600 SF of Z1 impacts
(temporary) for an access path down to the stream from James Jackson Avenue to allow a trackhoe
access to remove the gravel bar.
The work will be covered under a NW 3 (non -notifying) from USACE (confirmed by April Norton) and
corresponding GC 4132, and a Neuse buffer authorization for impacts associated with protection of
existing structures (culverts).
Please feel free to contact me at [phone] if you have any questions regarding this application or
project.
Sincerely,
Eric W. ulz
Environmental Specialist
cc: File Copy
TOWN Of CARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005
te1919-469-4030 • fax [phone] • www.townofcary.org

TABLE OF CONTENTS
PCN Section B.2 Owner/Property Information
Rights of Entry Documents
USGS Topographic Map (2019)
USDA Soils Map (1970)
Impact Maps
Aerial Photograph (2017)
Site Photos

ATTACHMENT B.2
Owner Information
A. 330 Towerview Court
Flora Development LLC
Real ID #0016171/PIN 10 #0754560650
DB 007828/PG 00387
25.71 acres
C. 1021 Darrington Drive
Robert William & Nancy Fan Lenfestey
Real ID #0074243/PIN 10 #0754552939
2.62 acres
_ 1021 ❑a
�. 4
B. 101 Towerview Court
Parrish Towerview Properties LLC
Real ID #0245439/PIN 10 #0754559939
DB 004242/PG 00909
1.5 acres
D. 551 James Jackson Avenue
Adore International, LLC
Real ID #0247164/PIN 10 #0754554738
2.19 acres
i�
551 James Jackson Avenue t

DocuSign Envelope ID: EBFE4ABE-994F-40C8-884B-489FE04FA959
NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
This Permission to Enter Agreement ("Agreement") is made and entered into by and
between ADORE INTERNATIONAL LLC, located at 114 HIGHCLERE LN, CARY, NC,
27518-8723 ("Grantor") and the Town of Cary, a North Carolina municipal corporation
("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 551 JAMES JACKSON,
CARY, NC, 27513 also identified as PIN 10 Number 0754554738 ("Property").
WHEREAS, Town desires to perform maintenance of the culverts on or adjacent to your
property as show in the attached Exhibit. ("Work").
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. ose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for one hundred fifty (150) days from the date
Agreement is executed by the Grantor. The Grantor may extend that term by as much as four
months upon receipt of a written request from Town. The Grantor must receive a written request
to extend the Agreement at least 10 days before the expiration of the original term.
3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include taking actions
necessary for the repair of culvert(s) on or adjacent to your property, which will involve the 1)
removal of trees and woody vegetation over the top of the culverts from the street to just upstream
of the entrance to the culvert, and 2) cleaning the inlets and outlet of the culvert, sediment and
debris. Town will take necessary steps and precautions to minimize the impact of the Work on the
Property. Town may permit its employees, contractors, and agents ("Agents"), to enter Property
under this Agreement, and shall be responsible for all the acts and omissions of its Agents.

DocuSign Envelope ID: EBFE4ABE-994F-40C8-884B-489FE04FA959
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted. In
addition, the Town shall not be responsible for restoring any vegetation or other material removed
from the Property as part of Work.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
11. Miscellaneous.
a) Assi n�. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
L to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: Jan Patterson, PO Box 8005, Cary, NC 27512-8005
Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
h) Entire Agreement. This Agreement constitutes the entire understanding between the parties

DocuSign Envelope ID: EBFE4ABE-994F-40C8-884B-489FE04FA959
with respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended
only by a written document duly executed by the parties.
i) Electronic Signatures. Grantor acknowledges and agrees that the electronic signature
application DocuSign may be used, at the sole election of Town, to execute this Agreement
and any associated documents. By selecting "I Agree," "I Accept," or other similar item,
button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign
application, Grantor consents to be legally bound by the terms and conditions of this
Agreement and that such act constitutes Grantor's signature as if actually signed by Grantor
in writing. Grantor also agrees that no certification authority or other third -parry
verification is necessary to validate its electronic signature and that the lack of such
certification or third -party verification will not in any way affect the enforceability of its
electronic signature. Grantor acknowledges and agrees that delivery of a copy of this
Agreement or any other document contemplated hereby, through the DocuSign application,
will have the same effect as physical delivery of the paper document bearing an original
written signature.
IN WITNESS WHEREOF, as of the days and year below written, this Agreement has been
duly executed by the parties hereto.
TOWN OF CARY:
DocuSigned by:
B : V %Jmar
504E5EE605C446E...
Name: Danna M. Widmar
Title: Assistant Town Manager
10/22/2021
Date:
GRANTOR:
DocuSigned by:
By
7E6F253E188645E...
Name:
Orhan Kayalar
Title: President
Date: 10/22/2021

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DocuSign Envelope ID: 490A6FO8-C78A-476E-82CC-7F6F7FE6D899
NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
This Permission to Enter Agreement ("Agreement") is made and entered into by and
between Robert William Lenfestey located at 407 Village Orchard Road, Cary, NC 27519
("Grantor") and the Town of Cary, a North Carolina municipal corporation ("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 1021 DARRINGTON DR,
CARY, NC, 27513 also identified as PIN 10 Number 0754552776 ("Property").
WHEREAS, Town desires to perform maintenance of the culverts on or adjacent to your
property as show in the attached Exhibit. ("Work").
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. RMose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for ninety (90) days from the date Agreement is
executed by the Grantor. The Grantor may extend that term by as much as four months upon receipt
of a written request from Town. The Grantor must receive a written request to extend the
Agreement at least 10 days before the expiration of the original term.
3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include taking actions
necessary for the repair of culvert(s) on or adjacent to your property, which will involve the 1)
removal of trees and woody vegetation over the top of the culverts from the street to just upstream
of the entrance to the culvert, and 2) cleaning the inlets and outlet of the culvert, sediment and
debris. Town will take necessary steps and precautions to minimize the impact of the Work on the
Property. Town may permit its employees, contractors, and agents ("Agents"), to enter Property
under this Agreement, and shall be responsible for all the acts and omissions of its Agents.
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,

DocuSign Envelope ID: 490A6FO8-C78A-476E-82CC-7F6F7FE6D899
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted. In
addition, the Town shall not be responsible for restoring any vegetation or other material removed
from the Property as part of Work.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
11. Miscellaneous.
a) Assignment. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
L to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: Jan Patterson, PO Box 8005, Cary, NC 27512-8005
Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Ihird-PaLty Beneficiaries. There are no third -party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
h) Entire Agreement. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior agreements or

DocuSign Envelope ID: 490A6FO8-C78A-476E-82CC-7F6F7FE6D899
understandings, whether oral or written, are superseded. This Agreement may be amended
only by a written document duly executed by the parties.
i) Electronic Signatures. Grantor acknowledges and agrees that the electronic signature
application DocuSign may be used, at the sole election of Town, to execute this Agreement
and any associated documents. By selecting "I Agree," "I Accept," or other similar item,
button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign
application, Grantor consents to be legally bound by the terms and conditions of this
Agreement and that such act constitutes Grantor's signature as if actually signed by Grantor
in writing. Grantor also agrees that no certification authority or other third -parry
verification is necessary to validate its electronic signature and that the lack of such
certification or third -party verification will not in any way affect the enforceability of its
electronic signature. Grantor acknowledges and agrees that delivery of a copy of this
Agreement or any other document contemplated hereby, through the DocuSign application,
will have the same effect as physical delivery of the paper document bearing an original
written signature.
IN WITNESS WHEREOF, as of the days and year below written, this Agreement has been
duly executed by the parties hereto.
TO OFUCARY:
Vain A �i�uhav
BY
Name: Danna M. Widmar
Title: Assistant Town Manager
11/10/2021
Date:
G TTi$,co la�,igned by:
Lrt� N[Wa.w� (,c,tn.�t,Shl
Name: Robert William Lenfestey
Owner
Title:
11/9/2021
Date:

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NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
This Permission to Enter Agreement ("Agreement") is made and entered into by and
between FLORA DEVELOPMENT LLC, located at PO BOX 3557, CARY, NC, 27519-3557
("Grantor") and the Town of Cary, a North Carolina municipal corporation ("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 330 TOWERVIEW CT,
CARY, NC, 27513 also identified as PIN 10 Number 0754560650 ("Property").
WHEREAS, Town desires to perform maintenance of the culverts on or adjacent to your
property as show in the attached Exhibit. ("Work").
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Purpose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for ninety (90) days from the date Agreement is
executed by the Grantor. The Grantor may extend that term by as much as four months upon receipt
of a written request from Town. The Grantor must receive a written request to extend the
Agreement at least 10 days before the expiration of the original term.
3. Privilogc to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include taking actions
necessary for the repair of culvert(s) on or adjacent to your property, which will involve the 1)
removal of trees and woody vegetation over the top of the culverts from the street to just upstream
of the entrance to the culvert, and 2) cleaning the inlets and outlet of the culvert, sediment and
debris. Town will take necessary steps and precautions to minimize the impact of the Work on the
Property. Town may permit its employees, contractors, and agents ("Agents"), to enter Property
under this Agreement, and shall be responsible for all the acts and omissions of its Agents.
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,

and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. PrecaLrtions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted. In
addition, the Town shall not be responsible for restoring any vegetation or other material removed
from the Property as part of Work.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
IL Miscellaneous.
a) rls.riQnnien.. This Agreement may not be assigned without the written agreement
of Town.
b) Lleen-onic Recovd. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
i. to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: Jan Patterson, PO Box 8005, Cary, NC 27512-8005
Notice shall be effective upon the earlier of: (a) actual receipt, or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Gove)-ning Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) f'uhlic Recorrh. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No 7ltit-d-PEI U Rene(icityles. There are no third -party beneficiaries to this Agreement.
g) Per' w-mance nf Ci.oierjtnre»I Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
h) Entire 11,rccnicnt. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior agreements or

understandings, whether oral or written, are superseded. This Agreement may be amended
only by a written document duly executed by the parties.
i) Electronic Signatures. Grantor acknowledges and agrees that the electronic signature
application DocuSign may be used, at the sole election of Town, to execute this Agreement
and any associated documents. By selecting "I Agree," "I Accept," or other similar item,
button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign
application, Grantor consents to be legally bound by the terms and conditions of this
Agreement and that such act constitutes Grantor's signature as if actually signed by Grantor
in writing. Grantor also agrees that no certification authority or other third -party
verification is necessary to validate its electronic signature and that the lack of such
certification or third -party verification will not in any way affect the enforceability of its
electronic signature. Grantor acknowledges and agrees that delivery of a copy of this
Agreement or any other document contemplated hereby, through the DocuSign application,
will have the same effect as physical delivery of the paper document bearing an original
written signature.
IN WITNESS WHEREOF, as of the days and year below written, this Agreement has been
duly executed by the parties hereto.
TOWN OF CARY:
LIN
Name: Danna M. Widmar
Title: Assistant Town Manager
Date:
iItANT 1Z:
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Date: {VUVt°yyLt F-1 1 -I—gcb?_ A

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DocuSign Envelope ID: 808E5399-C27F-412B-8B59-B2AFBCDB7FE4
NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
This Permission to Enter Agreement ("Agreement") is made and entered into by and
between PARRISH TOWERVIEW PROPERTIES LLC located at 1306 ANNAPOLIS DR STE
102, RALEIGH, NC, 27608-2136 ("Grantor") and the Town of Cary, a North Carolina municipal
corporation ("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 101 TOWERVIEW CT,
CARY, NC, 27513 also identified as PIN 10 Number 0754552776 ("Property").
WHEREAS, Town desires to perform maintenance of the culverts on or adjacent to your
property as show in the attached Exhibit. ("Work").
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. ose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for ninety (90) days from the date Agreement is
executed by the Grantor. The Grantor may extend that term by as much as four months upon receipt
of a written request from Town. The Grantor must receive a written request to extend the
Agreement at least 10 days before the expiration of the original term.
3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include taking actions
necessary for the repair of culvert(s) on or adjacent to your property, which will involve the 1)
removal of trees and woody vegetation over the top of the culverts from the street to just upstream
of the entrance to the culvert, and 2) cleaning the inlets and outlet of the culvert, sediment and
debris. Town will take necessary steps and precautions to minimize the impact of the Work on the
Property. Town may permit its employees, contractors, and agents ("Agents"), to enter Property
under this Agreement, and shall be responsible for all the acts and omissions of its Agents.

DocuSign Envelope ID: 808E5399-C27F-412B-8B59-B2AFBCDB7FE4
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted. In
addition, the Town shall not be responsible for restoring any vegetation or other material removed
from the Property as part of Work.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
11. Miscellaneous.
a) Assi n�. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
L to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: Jan Patterson, PO Box 8005, Cary, NC 27512-8005
Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
h) Entire Agreement. This Agreement constitutes the entire understanding between the parties

DocuSign Envelope ID: 808E5399-C27F-412B-8B59-B2AFBCDB7FE4
with respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended
only by a written document duly executed by the parties.
i) Electronic Signatures. Grantor acknowledges and agrees that the electronic signature
application DocuSign may be used, at the sole election of Town, to execute this Agreement
and any associated documents. By selecting "I Agree," "I Accept," or other similar item,
button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign
application, Grantor consents to be legally bound by the terms and conditions of this
Agreement and that such act constitutes Grantor's signature as if actually signed by Grantor
in writing. Grantor also agrees that no certification authority or other third -parry
verification is necessary to validate its electronic signature and that the lack of such
certification or third -party verification will not in any way affect the enforceability of its
electronic signature. Grantor acknowledges and agrees that delivery of a copy of this
Agreement or any other document contemplated hereby, through the DocuSign application,
will have the same effect as physical delivery of the paper document bearing an original
written signature.
IN WITNESS WHEREOF, as of the days and year below written, this Agreement has been
duly executed by the parties hereto.
TOWN OF CARY:
B CDocuSigned by:
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504E5EE605C446E...
Name: Danna M. Widmar
Title: Assistant Town Manager
10/14/2021
Date:
GRANTOR:
DocuSigned by:
By: �i►�itn�
FE06DE7ACO20470...
Name:
Tim King
Title: Manager
Date: 10/14/2021

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CULVERT REHAB TowN O cARY 318 N. ACADEMY ST., CARY, N.C. 27513
551 JAMES JACKSON AVE. [phone] W1NW.TOWNOFCARY.ORG

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James Jackson — View Upstream toward downstream ends of culvert. Active channel is in culver on the left. Sediment
wedge proposed for removal shown outlined. Removal is proposed to allow better passage of storm flows and prevent
backup within the culverts.
James Jackson — View downstream from downstream end of culverts, showing sediment wedge that is proposed for
removal.