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7 <br /> CAPKOV shall be entitled to maintain or repair the Infrastructure within the Cross-Access <br /> Easement Tract in the event ORANGE COUNTY, after receipt of written notice by CAPKOV, and <br /> sixty (60) calendar days to complete the necessary maintenance or repair, ORANGE COUNTY fails <br /> to maintain and repair the Infrastructure within the Cross-Access Easement to the standards set forth <br /> in this Section 1(d). The cost-sharing provisions of Section 1(e)(2) below shall apply in the event <br /> CAPKOV maintains or repairs the Cross-Access Easement Tract. <br /> (e) Cost Sharing for Maintenance and Repair; and Construction Entrance to <br /> CAPKOV's New Lot 1. <br /> 1) The Cross-Access Easement Tract can be used as a construction entrance for the <br /> development of CAPKOV's New Lot 1,provided that during the actual development and construction <br /> of New Lot 1, CAPKOV shall: (i) keep the Cross-Access Easement Tract open for ORANGE <br /> COUNTY's use at all times, (ii)keep the Cross-Access Easement Tract clean and free of debris during <br /> all periods of construction, (iii) repair and restore the Cross-Access easement Tract to the same <br /> condition it was in prior to the start of construction; and(iv) be responsible for all costs and expenses <br /> related to all of the foregoing. <br /> 2) Except as provided for in Section 1(e)(1) above, the cost for maintenance and repair <br /> of the area shown on Exhibit F entitled Cross-Access Easement Shared Maintenance Area, attached <br /> hereto and incorporated herein by reference will be shared between the CAPKOV and the COUNTY <br /> based on the pro-rata square footage of the buildings located on the COUNTY Property and <br /> CAPKOV's New Lot 1 as determined by the final approved plans and/or certificate of occupancy for <br /> the respective buildings located thereon. The remainder of the Cross Access Easement repair and <br /> maintenance for the"Orange County Parking Area"shown on Exhibit F will be the sole responsibility <br /> of ORANGE COUNTY. <br /> ORANGE COUNTY shall be responsible for completing regular maintenance, repair or <br /> improvements (after completed initial construction) to the Cross-Access Easement Tract and <br /> ORANGE COUNTY shall be responsible for billing CAPKOV for its pro-rata share of maintenance <br /> and repair as provided in the preceding paragraph. Prior to commencing any non-emergency <br /> maintenance, repair or improvements, ORANGE COUNTY will provide CAPKOV, a proposal, for <br /> all non-emergency repairs or maintenance costs estimated to exceed$5,000. The proposal will provide <br /> the scope of the work, including details of the necessary repair or maintenance, and the expected cost <br /> thereof. CAPKOV may respond to any such proposal in writing within seven (7) business days from <br /> the provision of the proposal, stating any concerns or alternatives preferred, and the COUNTY will <br /> reasonably consider any concerns or alternatives stated by CAPKOV. However, the final decision <br /> regarding the scope of the work and the cost thereof will be made by the COUNTY. CAPKOV shall <br /> provide payment to ORANGE COUNTY for maintenance,repair,and any future improvements within <br /> sixty(60) calendar days of written request by ORANGE COUNTY. In the event CAPKOV believes <br /> there is maintenance, repair or improvements necessary to the Cross-Access Easement Tract, it may <br /> provide a proposal to the COUNTY and request ORANGE COUNTY approve and complete the <br /> necessary work. <br /> CAPKOV shall not be required to share in the costs of maintenance and repair of the Cross- <br /> Access Easement until it receives a certificate of occupancy or certificate of completion for any <br /> 5 <br />