Right of Entry King Signed

RIGHT OF ENTRY AGREEMENT
This Agreement,made this 29th day of June,2022 by and between Stewart King,Deborah
K. Graves, Priscilla Durden, and Jeniss King-Scalzi, hereinafter called the "Owners",Vecellio
& Grogan, Inc. of Beckley, West Virginia hereinafter called the "Permittee," (hereinafter the
"Agreement") to enter upon the following described area located at 125 Dave Kings Rd.,
Rockingham, NC 28379, hereinafter the "Property" for the purpose of resolving potential
sediment infiltration and accumulation in a pond on the Property, which sediment is a byproduct
of work performed in conjunction with Permittee's completion of North Carolina Department of
Transportation ("NCDOT") Project Number R-3421 A&B, hereinafter the "Project."
NOW THEREFORE, in consideration of$10.00 and the mutual covenants set forth herein,
and such other good and valuable consideration, the receipt of which is hereby acknowledged, the
Owners and Permittee agree as follows:
1. Owners hereby certify that they are the joint owners of the Property and have the
legal authority to permit the lawful entry to Permittee for the purposes stated in this Agreement.
Owners hereby agrees to indemnify and hold harmless Permittee for any and all claims, lawsuits,
damages, attorneys' fees, experts' fees and costs arising from a third-parry alleging an ownership
interest in the Property.
2. Permittee shall have the right to enter the Property for the purpose of remediation
efforts of the existing pond. Efforts to include the removal of trees, shrubs, fencing, and other
appurtenances to gain access to the inflow of the pond. Work associated with the clean up will
include cleaning of inflow ditch and lowering of bank where inflow meets ponds. All debris
removed in the effort by Permittee to gain access to the pond including material associated with
the remediation efforts will be waste on the Property as directed by the Owners. Replacement of
removed appurtenances will not be required. Following the remediation efforts associated with
the ditch and pond inflow, Permittee will apply a flocculant in aiding the settlement of suspended
sediment within the pond, as well as perform to the best of the Permittee's ability, sampling of the
bottom of the pond as verification to the Owners those large amounts of sediment have not
accumulated on the bottom. If it is determined that the flocculant failed to aid in the settlement of
suspended sediment and/or that a large amount of sediments have accumulated at the bottom of
the pond, the Owners and Permittee shall cooperate with each other to reach an amicable solution
to address the issue. The Property is otherwise to remain "as-is" in the condition it is at the time
of entry by Permittee. Permittee has already performed certain work by permission of the Owners
to lower the outlet of the pond to promote drainage located on the Property in accordance with the
Owners' direction and agreement.
3. Permittee and Owners agree to indemnify, defend and save harmless NCDOT and
its officers, agents, and employees from all suits, actions or claims of any character, name and
description or in consequence of the breach of any terms or conditions contained in this Agreement
or arising out of the execution and performance of this Agreement.
4. For the avoidance of doubt, other than the consideration exchanged above, no
compensation is due any party to this Agreement in exchange for use of the Property for the
purpose stated herein.
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5. Additionally, the Owners have directed Pesmittee to icave sediment in the wooded
area"as4s,"and not to perfbim any retnediation efforts,including any sediment removal, seeding,
mulching,or strawing,
6. In the event any provision contained in thins Agreemam is held illegal, ilmlid or
unenforceable, the cnfarceabiliity of the remaining provision$ shall not be impaired thereby. The
Parties hereto agree that the Cowl shall instead reform or replace any void or unenforceable
proyisiolt with a valid and oiforcoable provWon that givts meatring to the intention of tho
provision or shall strike (lie provision from the Agreemonl.
7, This is the entire Agrccnient between the panics and supersodes all prior
agreements,understandings and discussions,written or oxal- This Agreement shall not be modified
or amended withmit a further written agreement"ecuted by both the Owners and the Pern)ittee.
s. This Agrecmcnt shall be in cffcat from the date of the last signature below and
continue for the duration ofPCrmittee'a Contract with NCDOT for the Project,
IN WITNESS WHEREOF, the Owners and Perrnitte4, have hereunto executed this
Agrcement as of the day and year written below,
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