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5 <br /> shall be entitled to a full reimbursement from ORANGE COUNTY of the cost of Infrastructure <br /> construction improvements shown on the Construction Plans,including all reasonable and market-rate <br /> costs of management, materials and labor documented by CAPKOV to ORANGE COUNTY with <br /> invoices for the materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid <br /> by ORANGE COUNTY to CAPKOV within sixty(60) calendar days of submittal. <br /> F. If a future as-built survey or revised Construction Plans depicting the Infrastructure <br /> located on or serving New Lot 2 shows a change in the location of any Infrastructure within any <br /> easement referenced herein, then the location of the easements contained herein will be modified on <br /> the approved plans and /or any recorded plat and/or easement document to reflect the change in the <br /> as-built survey or Construction Plans.Any such change will be made by recordable amendment to this <br /> Declaration or other recordable instrument agreed upon by the Parties. <br /> NOW, THEREFORE,in consideration of the Recitals,which are material to this Declaration <br /> and shall be deemed incorporated into provisions below, and the other mutual covenants hereinafter <br /> set forth and other good and valuable consideration, the Parties, intending to be legally bound, agree <br /> and covenant as follows: <br /> 1. Cross-Access Easement and Related Provisions. <br /> (a) Grant of Cross-Access Easement. ORANGE COUNTY declares, grants and <br /> conveys to CAPKOV, its successors and assigns, a non-exclusive and perpetual right, privilege and <br /> easement for ingress, egress, regress (but not parking) over that portion of the COUNTY Property <br /> labeled "Permanent Cross-Access Easement" shown on Exhibit A (the "Cross-Access Easement <br /> Tract"), attached hereto and incorporated herein by reference(the"Cross-Access Easement"). This <br /> Cross-Access Easement provides access from Waterston Drive running southward over the "Future <br /> Public Street" shown on Exhibit A and generally continuing to where the eastbound private road <br /> intersects with the "Private Public Street" and running 320' east, more or less, to where the private <br /> access road turns southbound towards the County's planned Crisis Diversion Facility. At such time <br /> that the "Future Public Street" is accepted by the Town of Hillsborough or the North Carolina <br /> Department of Transportation for maintenance, the Cross-Access Easement Tract will be limited to <br /> the portion of the Permanent Cross-Access Easement between New Lot 1 and the COUNTY <br /> PROPERTY as shown on Exhibit A. The Cross-Access Easement will serve both the COUNTY <br /> Property and CAPKOV's New Lot 1 and provide pedestrian and vehicular access for all potential users <br /> of the COUNTY Property and CAPKOV's New Lot 1. <br /> TO HAVE AND TO HOLD the Cross-Access Easement unto CAPKOV and its successors <br /> and assigns in title forever; it being agreed that the rights and easements hereby granted are for the use <br /> of, are appurtenant to and run with title to the Properties. ORANGE COUNTY warrants that it is <br /> seized of the COUNTY Property in fee simple and has the right to convey the Cross-Access Easement <br /> described herein. <br /> (b) Temporary Construction Easement. The Parties, their successors and assigns, <br /> declare, grant and convey to each other, and their successors, assigns, agents and contractors, a sixty <br /> foot (60') temporary construction easement (the "TCE") overlaying and extending beyond the <br /> boundaries of the Cross-Access Easement Tract and over the COUNTY PROPERTY and CAPKOV's <br /> New Lot 1 and New Lot 3 to complete the Infrastructure on the COUNTY Property and CAPKOV's <br /> 3 <br />