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13 <br /> TO HAVE AND TO HOLD the Signage Easement unto CAPKOV, ORANGE COUNTY and <br /> their successors and assigns in title forever; it being agreed that the rights and easements hereby <br /> granted are for the use of, are appurtenant to and run with title to the Properties. ORANGE COUNTY <br /> and CAPKOV warrant that they are seized of their respective Properties in fee simple and have the <br /> right to convey the Signage Easement and related rights described herein. <br /> (b) Construction, Maintenance, Repair and Landscaping. The sign constructed on the <br /> Signage Easement Tract will be in compliance with the Town of Hillsborough regulations and identify <br /> the users and/or uses on the COUNTY Property and identify the users and uses on the CAPKOV <br /> Property, with ORANGE COUNTY's users and uses identified in the primary or first position on the <br /> signage,but with the Parties sharing equal space and size on the sign. <br /> (i) Initial Construction. The Party first to complete the development of its <br /> building or facility shall be responsible for constructing the sign within the Signage Easement. Before <br /> any proposed initial construction of the sign ("Work") is undertaken, the Party obligated herein to <br /> complete the construction of the sign will provide the other Party with a written proposal for the scope <br /> of the Work, including details of the design of the sign and related landscaping within the Signage <br /> Easement Tract, and the expected cost thereof. The other Party may respond to any such proposal in <br /> writing within seven (7) business days from the provision of the proposal, stating any concerns or <br /> alternatives preferred, and each Party will reasonably consider any concerns or alternatives stated by <br /> the other Party. However,the final decision regarding the scope of the Work and the cost thereof will <br /> be made by the Party obligated herein for the construction and all such construction shall comply with <br /> the public bidding and contracting laws applicable to local governments in North Carolina if such <br /> compliance is required by ORANGE COUNTY's legal counsel. Each Party shall pay 50% of the <br /> initial construction and landscaping costs for the signage. The Party responsible for the Work shall be <br /> responsible for billing the other Party and payment from the other Party shall be due within sixty(60) <br /> calendar days of the date the invoice is delivered. <br /> (ii) Maintenance, Repair and Landscaping. After completion of the Work <br /> described in Section 5(b)and 5(b)(1) above the Parties shall share ongoing costs of maintenance,repair <br /> and landscaping costs or any further improvements to the Signage Easement Tract pursuant to the <br /> Signage Easement. ORANGE COUNTY shall be the responsible Party for completing regular <br /> maintenance, repair, landscaping or any future improvements and ORANGE COUNTY shall be <br /> responsible for billing CAPKOV for its 50% share of the costs. ORANGE COUNTY will follow the <br /> same procedures as the initial Work for ongoing maintenance, repair and landscaping or future <br /> improvements, providing CAPKOV, a proposal, response time all as described in Section 5(b)(i) <br /> above. CAPKOV shall provide payment to ORANGE COUNTY for ongoing maintenance, repair, <br /> landscaping and any future improvements within sixty (60) calendar days of written request by <br /> ORANGE COUNTY. <br /> (iii)Proposals and Notices. Proposals and payment notices set forth herein may <br /> be provided by email or postal letter to the CAPKOV or the COUNTY and the Parties shall keep each <br /> other updated with current email, cell phone and property addressing, notifying the other of any <br /> changes in current information already provided to each other. <br /> 11 <br />