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

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6 New Lot 1 as also shown on Exhibit A attached and incorporated herein by reference, so that the Parties have the absolute right and privilege to complete all Infrastructure requirements for the respective development of the COUNTY Property and CAPKOV's New Lot 1. This TCE shall continue to be in effect at such additional times necessary for any future maintenance and repair of previously completed Infrastructure. The easements herein conveyed include, but are not limited to, the right and privilege by Parties, its successors and/or assigns to go onto and to access the COUNTY Property or the CAPKOV Property to complete Infrastructure construction, maintenance, and repairs with vehicles, heavy equipment, machinery, construction supplies, and building materials (collectively, the"Construction Activities"). All Infrastructure installation, maintenance or repair undertaken by CAPKOV or ORANGE COUNTY pursuant to this Section 1 shall be completed in a good and workmanlike manner, in a manner that minimizes disruption to ORANGE COUNTY or CAPKOV, its successors and assigns, and shall keep the Properties free of liens or claims of liens. Further,the party installing Infrastructure for the benefit of the CAPKOV's New Lot 1 or the COUNTY Property shall promptly repair damage caused to the existing Infrastructure,structures,and buildings within the Cross-Access Easement Tract and the Properties. This obligation shall run with the land to any successors and assigns in connection with its installation, repair, and maintenance obligations hereunder. (c) Construction Improvements of Cross-Access Easement. ORANGE COUNTY shall construct and improve the Infrastructure within the Cross-Access Easement Tract in compliance with the requirements set forth in the approved Construction Plans. The costs of the construction of the Infrastructure within the Cross-Access Easement shall be borne solely by ORANGE COUNTY. If CAPKOV's New Lot 1 Property is developed prior to the COUNTY Property,then CAPKOV shall have the right to construct and improve the Infrastructure within the Cross-Access Easement Tract to the same standards required by the approved 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 by 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 Cross- Access Easement Tract, including all reasonable and market-rate costs of management,materials and labor documented by CAPKOV to ORANGE COUNTY with invoices for the materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid by ORANGE COUNTY to CAPKOV within sixty (60) calendar days of submittal. (d) Maintenance and Repair of Cross-Access Easement. ORANGE COUNTY shall maintain and repair the Infrastructure within the Cross-Access Easement in good repair and in full compliance with all state and local regulations. The phrase "maintain and repair" as used in the preceding sentence shall mean: (i) maintaining the Infrastructure within the Cross-Access Easement Tract at all times in conformity with all governmental regulations and in a safe, sightly, clean and functional condition, (ii) performing all necessary patching, paving and grading to fill ruts, holes or washed-out sections of the Cross-Access Easement Tract, and(iii)the timely removal of snow and ice accumulation in the same fashion ORANGE COUNTY performs for other government facilities. All maintenance shall be performed so as not to unreasonably interfere with the continued use of the Properties and the rights granted hereunder. 4