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15 <br /> (d) Reciprocal Access Easement. ORANGE COUNTY and CAPKOV hereby grant to one <br /> another reciprocal non-exclusive easements for pedestrian and vehicular access, maintenance and <br /> repair, specifically including the right of the public to use the bus stop adjacent to CAPKOV's New <br /> Lot 3 to the extent necessary over and across portions of their respective Properties to complete and <br /> utilize the Infrastructure improvement requirements described in this Section 6. <br /> 7. Half of the Roadway Construction Cost to Final Phoebe Street Connection. In <br /> the event the Town of Hillsborough requires CAPKOV, or its assigns to make a payment in lieu, to <br /> have constructed, or alternatively to require CAPKOV to reimburse the Town of Hillsborough for its <br /> construction of one-half(1/2) of the roadway improvements to connect the current termination point <br /> of the entrance road serving New Lot 1 and New Lot 2 to the border of the COUNTY's Property as <br /> shown on the Construction Plans, then ORANGE COUNTY will reimburse CAPKOV all expenses <br /> related thereto up to a maximum of Thirty-Five Thousand ($35,000.00) and no/100 Dollars, within <br /> sixty (60) calendar days of any obligation becoming effective. <br /> 8. Restricted Uses of CAPKOV Property. No portion of the CAPKOV Property,being <br /> CAPKOV's New Lot 1 and CAPKOV's New Lot 3 (as same may be subdivided, sold, leased or <br /> otherwise conveyed) shall be used for any of the Prohibited Uses set forth in Exhibit H attached hereto <br /> and incorporated herein by reference. <br /> 9. Landscape Maintenance of Declarant Property. The Parties will maintain <br /> landscaping on the Properties to a reasonable and customary standard. Landscape maintenance shall <br /> include at a minimum but not be limited to bi-annual fertilization, annual aeration, annual reseeding, <br /> maintaining the turf at four(4) inches or below, annual leaf blowing and pruning and replacing trees <br /> and shrubbery as necessary. <br /> 10. Remedies. The terms and conditions of the easements, obligations and restrictions <br /> contemplated by this Declaration shall be enforceable by actions for specific performance or injunction <br /> in addition to any other remedies available at law or in equity, including recovery of reasonable <br /> attorneys' fees and court costs from the defaulting Party. If either Party fails to perform its <br /> maintenance, repair or replacement obligations as contemplated by this Declaration, then the Party <br /> demanding compliance may perform whatever action is reasonably necessary to cure the problem at <br /> the expense (including reasonable attorneys' fees) of the nonperforming Party, provided: <br /> (a) The Party demanding compliance has provided written notice to the <br /> nonperforming Party specifying the action requested and the nonperforming Party has not responded <br /> to the Party demanding compliance or commenced the requested work within thirty(30)calendar days <br /> following the mailing of such notice by the other Party; or <br /> (b) The Party demanding compliance has provided written notice to the <br /> nonperforming Party specifying the action requested and the nonperforming Party has not completed <br /> the requested work within sixty (60) calendar days following the mailing of such notice by the other <br /> Party; provided, if the requested work requires more than sixty (60) calendar days to complete, the <br /> nonperforming Party shall have a reasonable amount of time to complete the work so long as such <br /> work is pursued in a diligent manner. <br /> 13 <br />