20130436 Ver 3_Greene Environmental Services Agmt-MISCELLANEOUS RECORDINGS-20230803-Greene Environmental-001_20230803

Type: CONSOLIDATED REAL PROPERTY
Recorded: 8/3/2023 8:36:55 AM
Fee Amt: $26.00 Page 1 of 10
Pitt County, NC
Lisa P. Nichols REG OF DEEDS
BK 4437 PG 42 - 51
AGREEMENT TO HOLD AND ASSUME STEWARDSHIP OF CONSERVATION
EASEMENT
THIS AGREEMENT TO HOLD AND ASSUME STEWARDSHIP OF A
CONSERVATION EASEMENT (hereinafter "Agreement") is entered into as of this :2s` day
of July, 2023, between Greene Environmental Services, LLC ("Contractor") and the North
Carolina Wildlife Habitat Foundation (hereinafter "NCWHF"), and its assigns.
WITNESSETH•
WHEREAS, Contractor plans to enter into a contract with the North Carolina Division of
Water Quality ("DWQ") to restore approximately 15.93 acres of wetlands (hereinafter the
"Project") for the North Carolina Wetlands Restoration Program (hereinafter, "NCWRP") on and
adjacent to the Briley/Ham properties (hereinafter "Site") within the Tar -Pamlico River Basin, Pitt
County, North Carolina., and,
WHEREAS, the Contractor has contracted with Eastern Carolina Farms, L.L.C., Jason D.
Briley and wife, Melissa C. Briley and Bobby G. Ham for the placement of a Conservation
Easement (hereinafter "Easement") on approximately 15.93 acres of the Site to facilitate the
Project; and,
WHEREAS, The Contractor desires for NCWHF to hold the Easement, but intends for
NCWHF to begin its perpetual stewardship and long term management upon acknowledgement of
completion of the Project by NCWRP; and
WHEREAS, The NCWHF, recognizes this intent and agrees to hold the Easement subject
to the terms and conditions contained herein,
submitted electronically by "Beaman & Bennington, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pitt County Register of Deeds.
Book: 4437 Page: 42 Page 1 of 10

NOW, THEREFORE, in consideration for the use of the premises herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Property. Upon the terms and conditions herein contained, NCWHF agrees to hold
the Easement from Contractor over the Site situated in Pitt County, North Carolina, containing
approximately 15.93 acres.
2. Payment. Upon obtaining the contract with the NCDENR/NCWRP to restore the
Site, Contractor agrees to pay an agreed upon amount to NCWHF for holding and stewarding the
easement in perpetuity (the "NCWHF Project Fee"). In the event that the Easement acreage
increases in size, the payment to NCWHF will increase according to said fees. In the event that
the Easement acreage decreases, the payment to NCWHF will not decrease.
3. Terms of Payment. Contractor shall pay the fee at closing.
4. Closing. The Closing shall be held at the offices Beaman & Bennington, PLLC,
located at 304 Nash St. NE, Wilson, NC 27894. The easement rights shall be given to NCWHF at
the time of Closing.
5. Title Conditions. Contractor shall assign to NCWHF the Easement, or shall have
the Easement granted directly to NCWHF, recordable by deed of easement for the purpose
contained herein. Easements are recorded in Pitt County Registry in Book 3565, Page 586 (Ham)
and Book 3565, Page 596 (Briley).
6. Notices to Parties. All notices to be delivered hereunder shall be delivered by U. S.
Mail, certified, return receipt requested, or delivered in person, addressed as and to the attention
of the respective persons set forth below. Each such notice shall be deemed delivered on the first
business day following its receipt, refusal or attempted delivery, as appropriate, at the address of
the party to be noticed:
Book: 4437 Page: 42 Page 2 of 10

As to Contractor: Jeff Becker with Greene Environmental Services, LLC
963 Hwy 258 S
Snow Hill, NC
As to NCWHF: North Carolina Wildlife Habitat Foundation
8207 Market Street, Suite P
PO Box 10743
Wilmington, NC 28404
7. Severability. In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement
shall nonetheless remain in full force and effect.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina.
9. Entire Agreement and Counterparts. This Agreement constitutes the entire
agreement between the parties concerning the purchase and sale of the easement rights. Contractor
and NCWHF acknowledge that neither has relied upon any representation, warranty, or promise
except those expressly included herein. This Agreement may not be amended or modified except
by written amendment hereto executed by an authorized signatory of each party hereto. No waiver
of any party's rights hereunder shall be binding unless in writing and executed by an authorized
signatory for the party to be so bound. The effective date of this Agreement will be the date on
which the last Agreement is fully and duly executed.
3
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10. Binding Effect. All covenants, agreements and warranties herein shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, personal and/or legal representatives, successors, and assigns.
11. Execution of Other Documents. Contractor and NCWHF hereby agree to act
diligently upon and/or sign whatever documents are necessary to affect the purposes of this
Agreement.
12. Conditions. Contractor and NCWHF agree to the following conditions;
After closing the Easement, Contractor shall be responsible for all rights
and privileges of the Easement until the acknowledgement of completion of
the Project by NCWRP, at which time such rights and privileges shall be
deemed to have been assigned back to NCWHF. The parties intend that the
Contractor perform the restoration of the streams, wetlands and/or riparian
areas on the site and monitoring thereof until acknowledgment of
completion by NCWRP. To that end, Contractor shall have all the rights
granted to NCWHF under the Easement until acknowledgment of
completion by NCWRP.
2. The Contractor agrees to be solely responsible for the site, its restoration
and monitoring until acknowledgement of completion by NCWRP.
3. Contractor will notify NCWHF at the completion of construction and each
year of monitoring. Upon acknowledgement of completion by NCWRP,
the Contractor will notify and provide field verification and written
acceptance certification from NCWRP of the site to NCWHF. From that
point forward NCWHF, shall initiate its long term monitoring and
management of the site with perpetual right of general ingress, egress and
regress over the property at reasonable times to undertake any activities to
restore, manage, maintain, enhance and monitor the Conservation Easement
Property in accordance with the restoration activities or long-term
management plan. In addition, the NCWHF, its employees and agents,
successors, DWR, and USACOE can operate mechanized vehicles for the
purposes of conducting the creation, restoration, and maintenance activities
within the Conservation Easement Property."
13. Survivability. The provisions of paragraph 12 hereof shall survive the execution
of this Agreement.
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Book: 4437 Page: 42 Page 4 of 10

14. Existence/Authority. Each party represents and warrants (1) that it is duly
incorporated and validly existing and in good standing; (6) that the execution and performance of
this Agreement have been duly authorized by its board of directors or other governing body-, and
(iii) that the person executing this Agreement on its behalf has the full power and authority to do
so, and to bind the party to all of the terms and conditions of this Agreement.
IN WITNESS WHEREOF, Contractor and NCWHF have executed this Agreement
through their duly authorized signatories and where appropriate have affixed their respective
corporate seals hereto.
Greene Environmental Services, LLC,
Contractor
By:
Title:
North Carolina Wildlife Habitat Foundation
BY:
Title: C­1,,q;,, AIC-L, H 9-
Book: 4437 Page:42 Page 5 of 10

NORTH CAROLINA
COUNTY
/--N
n O� Cl�r f, Notary Public in and for said County
anti State cin hei-ehy certify that Rnhhy (T Ham ac Memher/kiAnqpev, acting fc�r and an 6ehatf�fOREEN19
ENVIRONMEN71'AL SERVICES, LLC, and being duly authorized to do so, personally came before me
this day and acknowledged the due execution of the foregoing instrument for and on behalf of GREENE
,Y-
NTAL SERVICES, LLC,
70 tness my hand and Notarial Seal, this day of July-, 2023.
140TARY PUBLIC
Af RCH 19, 0Ca Q�o�tary Pt!bfic���
NORTH CAROLINA
COUNTY
1, '7,,CCE4 1. a Notary Public in and for said Count};
and State do hereby certify that GREGORY A. ERWIN, as Chairman, acting for and on behalf of NORTH
CAROLINA HABITAT FOUNDATION, and being duly authorized to do so, personally came before me
%lift
tl;��&&&49knowledged the due execution of the foregoing instrument for and on behalf of NORTH
DLIFE HABITAT FOUNDATION.
MY Comm"my hand and Notarial Seal, this day of July, 2023.
, Eg.
Z
4f cout, Not Public
'Nly Commission Expires'.
nt
Book:4437 Page:42 Page 6 of 10

EXHIBIT A
BEING all a total of 15.93 acres of land shown and labeled as Tracts A, B, and C on that
certain map entitled "Survey for Greene Environmental Services, LLC" by Grant & Associates,
P.A. and recorded in Map Book 81, Pitt County Registry and more particularly described as
follows:
- 1 4 WA
Being all of that certain tract of land in Pactolus Township, Pitt County, North Carolina,
containing 4.86 acres more or less as shown as Tract A on that certain map entitled "Survey for
Greene Environmental Services, LLC" made by James D. Grant, Registered Surveyor No. L-3752
which appears of record in Map Book 81, Page 139, Pitt County Registry. Reference to which is
hereby made for a more accurate description.
Being all of that certain tract of land in Pactolus Township, Pitt County, North Carolina,
containing 4.38 acres more or less as shown as Tract B on that certain map entitled "Survey for
Greene Environmental Services, LLC" made by James D. Grant, Registered Surveyor No. L-3752
which appears of record in Map Book 81, Page 139, Pitt County Registry. Reference to which is
hereby made for a more accurate description.
1 C-
Being all of that certain tract of land in Pactolus Township, Pitt County, North Carolina,
containing 6.69 acres more or less as shown as Tract C on that certain map entitled "Survey for
Greene Environmental Services, LLC" made by James D. Grant, Registered Surveyor No. L-3752
which appears of record in Map Book 81, Page 139, Pitt County Registry. Reference to which is
hereby made for a more accurate description.
Together with and subject to all rights under that Easement Deed dated May 15, 2017 by
and between East Carolina Farms, L.L.C., Jason Briley, and wife, Melissa Briley, and Bobby G.
Ham recorded in the Pitt County Registry regarding the rights of ingress and egress and
installation and maintenance of utilities as shown on that certain map entitled "Survey for Bobby
G. Ham and Jason D. Briley" and identified as "60' Ingress, Egress, & Utility Easement," said
map made by James D. Grant Registered Surveyor No. L-3752 which appears of record in Map
Book 81, Page 138, Pitt County Registry, reference to which is hereby made for a more accurate
description.
7
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Easement Area Graphic
Book: 4437 Page: 42 Page 8 of 10

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