Agenda 05-19-2026; 8-i - Declaration of Easements and Restrictive Covenants for the Crisis Diversion Facility

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12 Hillsborough Sanitary Sewer Easement and accepted the sewer main line into Hillsborough's perpetual maintenance program. The easements herein conveyed include, but are not limited to, the right and privilege by ORANGE COUNTY, its successors and/or assigns or CAPKOV, its successors and assigns to go onto and to access the COUNTY Property or CAPKOV Property to the extent necessary to complete construction, with vehicles, heavy equipment, machinery, construction supplies, and building materials (collectively, the "Construction Activities"). (c) Construction Improvements within the Sanitary Sewer Easement Tract. ORANGE COUNTY shall construct and improve the Sanitary Sewer Easement Tract in compliance with the approved Construction Plans. The costs of the construction improvements herein shall be borne solely by ORANGE COUNTY. If CAPKOW S New Lot 1 is developed prior to the COUNTY's Property,then,if necessary,CAPKOV shall have the right to construct and improve the Sanitary Sewer Easement Tract to the same standards required by the Construction Plans provided all such construction complies with the public bidding and contracting laws applicable to local governments in North Carolina if such compliance is required in the opinion of ORANGE COUNTY'S legal counsel. If CAPKOV is in full compliance with the requirements of the preceding sentence, CAPKOV shall be entitled to a full reimbursement from ORANGE COUNTY of the cost of construction improvements over the SSET, including all reasonable and market-rate costs of management,materials and labor documented by CAPKOV to ORANGE COUNTY with invoices for the management, materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid by ORANGE COUNTY to CAPKOV within sixty (60) calendar days of submittal. 5. Parties Entrance Sign Easement. (a) Grant of Signage Easement. CAPKOV grants and conveys to ORANGE COUNTY and ORANGE COUNTY grants and conveys to CAPKOV an entrance sign easement (hereinafter "Signage Easement") located at the northeastern and the northwestern corners of the entrance road off of Waterstone Drive, in the areas labeled"Signage Easement" as shown on Exhibit E, attached hereto and incorporated herein by reference(collectively the"Sign Easement Tract"). It being the intent of this grant of Sign Easement that to the extent the location of Signage Easement is on the CAPKOV Property or to the extent the location of the Signage Easement is on the COUNTY Property, that the Parties, have granted and conveyed, and hereby do grant and convey, to the other Party the Signage Easement. Nothing contained in this Declaration shall prevent ORANGE COUNTY or CAPKOV from erecting other signs on their respective Properties as long as the other signage does not interfere with the Signage Easement conveyed herein. The provisions set forth in subsection (a), (b), (b) (i) and(b) (ii) shall not apply: (i) if ORANGE COUNTY or CAPKOV elect to have separate signage without need for the Signage Easement on the other Party's property; and (ii) ORANGE COUNTY or CAPKOV communicates its decision for separate signage in writing to the other party prior to the end of the seven (7) day response period to the proposed work as set forth in subsection (b)(i) "Initial Construction" below. Should either party elect for separate signage, ORANGE COUNTY and CAPKOV shall be solely responsible for the construction and maintenance of its separate sign. If ORANGE COUNTY or CAPKOV elect to have separate signage, all signage constructed shall not interfere with the public's view of constructed signage from the roadway. Notwithstanding the foregoing,the election of either ORANGE COUNTY or CAPKOV not to utilize the Signage Easement or utilize any shared signage shall not restrict or impair the ability of the non- electing Party to benefit from and otherwise utilize the Signage Easement. 10