Orange County NC Website
Browse       Search
10 <br /> (ii) CAPKOV will save and hold ORANGE COUNTY harmless from any liability <br /> or costs associated with the construction of improvements necessary to access SB#1 and will bear full <br /> responsibility to restore any damage to the COUNTY Property and/or the SB#1 to the original <br /> condition of the COUNTY Property and the SB#1 facility. <br /> (iii) The cost for repair and maintenance of the SB#1 facility shall be shared on a pro <br /> rata basis between the CAPKOV's New Lot 1 Property and the COUNTY Property based on the square <br /> footage of impervious surface located on, or to be located on, the respective parcels unless or until <br /> ORANGE COUNTY is no longer utilizing the SB#1 temporary facility, at which time ORANGE <br /> COUNTY shall not be responsible for any such costs. CAPKOV as the owner of New Lot 1 shall not <br /> be required to share in the repair and maintenance of SB#1 until construction begins on CAPKOV's <br /> New Lot 1 Property after receipt of all necessary permits from the relevant governmental agencies to <br /> begin construction. <br /> (iv) If it is not technically feasible or advisable for CAPKOV's development of New <br /> Lot 1 to connect to the permanent SDF due to grade changes or other engineering impediments, <br /> CAPKOV, shall have the right to convert SB#1, to a permanent stormwater detention facility, subject <br /> to conditions set forth in Section 2(b)(v)below and also conditioned on CAPKOV bearing all costs of <br /> construction, operation, maintenance and repair to convert SB#1 to a permanent stormwater detention <br /> facility. CAPKOV will save and hold ORANGE COUNTY harmless from any liability related to <br /> CAPKOV's construction and operation of improvements necessary to utilize SB#1 as a permanent <br /> stormwater detention facility and CAPKOV will be responsible to restore any damage to the <br /> COUNTY Property resulting from the same. <br /> (v) ORANGE COUNTY shall have no obligation to contribute to the cost of <br /> maintenance, construction, or repair of SB#1 after the COUNTY Property is no longer utilizing SB#1. <br /> Provided, however, ORANGE COUNTY will provide CAPKOV with a thirty (30) calendar day <br /> written notice before it removes SB#1 and returns it to a natural state. Within fifteen (15) calendar <br /> days of receipt of such notice, CAPKOV may elect to assume sole and exclusive responsibility for the <br /> operation, maintenance and removal of SB#1 as well as returning it to its natural state if, and only if, <br /> (i) CAPKOV's assumption of the operation and maintenance of SB#1 does not delay or inhibit the use <br /> of ORANGE COUNTY's Facility or the issuance of any certificate of occupancy or other <br /> governmental permit necessary to formally close out ORANGE COUNTY's construction project. <br /> CAPKOV shall bear all costs and expenses associated with assuming SB#1, including,but not limited <br /> to amending ORANGE COUNTY's permits and plan applications to reflect CAPKOV's continued <br /> use of the SB#1 facility and recording the necessary easement. <br /> 3. Temporary Construction Blanket Easement. ORANGE COUNTY declares, grants and <br /> conveys for the benefit of CAPKOV, its successors and assigns, a non-exclusive,temporary right and <br /> easement over, upon, across and through the COUNTY Property for the purpose of completing the <br /> Infrastructure improvements in the Construction Plans in the event ORANGE COUNTY fails to meet <br /> construction obligations as set forth in Recital D of this Declaration, which is incorporated herein by <br /> reference (the "TCB Easement"). In the event CAPKOV causes any damage to the COUNTY <br /> Property, upon completion of the Infrastructure by CAPKOV, it will restore the damaged portion of <br /> the Property to a condition reasonably similar to its original state, except permanent Infrastructure. <br /> 8 <br />