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14 <br /> 6. Temporary Road Construction Easement and Other Infrastructure <br /> Improvements: New Right Turn Lane,New Left Turn Lane,New Break In Existing Median and <br /> Retain Wall Temporary Construction Easement,Public Right-of-Way Dedication and Bus Stop. <br /> (a) Grant of Temporary Construction Easement. CAPKOV declares, grants and conveys <br /> for the benefit of ORANGE COUNTY,its successors and assigns, agents and contractors, a temporary <br /> construction easement over, upon, across and through that certain portion of CAPKOV's Property, <br /> located along Waterstone Drive (a variable width right-of-way) to complete Infrastructure <br /> improvements referenced as "New Right Turn Lane With Taper Per TIA Recommendation, New <br /> Break in Existing Median Per TIA Recommendation, New Left Turn Lane with Taper Per TIA <br /> recommendation and Cast in Place Retaining Wall, Design by Others, and Bus Stop"(collectively the <br /> "Road Construction Easement",as shown on Exhibit A(the"Road Construction Easement Area") <br /> For purposes of clarification, the New Left Turn Lane, New Break in Existing Median and a portion <br /> of the Retaining Wall Infrastructure Improvements, and Bus Stop are located primarily in the existing <br /> Waterstone Public Right-of-Way or on ORANGE COUNTY Property. However, all the road <br /> Infrastructure improvements referenced on Exhibit A, permitted by this Road Easement include, but <br /> are not limited to, grading, paving, curb and gutter, striping, drainage modifications, utilities, if any, <br /> traffic control and restoration. All Infrastructure improvements described herein will be constructed <br /> in full compliance with the approved Construction Plans as required by the Town of Hillsborough. <br /> The Road Construction Easement conveyed herein will terminate upon full governmental acceptance <br /> of the relevant Improvements and formal dedication and acceptance by the Town of Hillsborough. <br /> TO HAVE AND TO HOLD the Road Construction Easement unto ORANGE COUNTY and <br /> its successors and assigns, contractors, and agents as provided herein; it being agreed that the rights <br /> and easements hereby granted are for the use of, are appurtenant to and run with title to the Properties. <br /> CAPKOV warrants that it is seized of the CAPKOV Property in fee simple and has the right to convey <br /> the Road Construction Easement described herein. <br /> (b) Construction Improvement Costs. ORANGE COUNTY shall bear all costs of design, <br /> permitting and construction of the Improvements described in this Section 6. If CAPKOV's New Lot <br /> 1 Property is developed prior to the COUNTY Property, then CAPKOV shall have the right to <br /> construct new right-turn lane with taper to the same standards required by the Construction Plans <br /> provided all such construction complies with the public bidding and contracting laws applicable to <br /> local governments in North Carolina if such compliance is required by ORANGE COUNTY's legal <br /> counsel. If CAPKOV is in full compliance with the requirements of the preceding sentence, <br /> CAPKOV shall be entitled to a full reimbursement from ORANGE COUNTY of the cost of <br /> construction improvements, including all reasonable and market-rate costs of management, materials <br /> and labor documented by CAPKOV to ORANGE COUNTY with invoices for the management, <br /> materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid by ORANGE <br /> COUNTY to CAPKOV within sixty (60) calendar days of submittal. <br /> (c) Dedication of Public Right-of-Way. CAPKOV agrees to dedicate additional public <br /> right-of-way along Waterstone Drive to the extent necessary for the Improvements described in this <br /> Section 6, as shown on the Construction Plans and any necessary recordable plat. ORANGE <br /> COUNTY shall prepare all plats and documents and pay associated costs required for the dedication. <br /> 12 <br />