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8 <br /> structure located on CAPKOV's New Lot 1 Property from the relevant governmental authority. <br /> (f) Use of Access Easement. No barriers, obstructions, fences or other hindrances <br /> to the free and unrestricted two-way pedestrian and vehicular traffic shall be erected or maintained on <br /> or within the Cross-Access Easement Tract, except temporarily for reasonable times and in a <br /> reasonable manner for purposes of performing maintenance or repair. Once constructed, the Cross- <br /> Access Easement Tract shall not be used for the parking of vehicles within the Cross-Access Easement <br /> Tract by CAPKOV, its successors, assigns, occupants, invitees, licensees, contractors or other person <br /> accessing CAPKOV's New Lot 1 or New Lot 2. Once constructed, the Cross-Access Easement Tract <br /> shall not be used by either Party for the staging of materials, or the storage of personal property of any <br /> kind without the written consent of the Parties. <br /> 2. Stormwater Easements. <br /> (a) Permanent Underground Storage Detention Facility Easement. ORANGE <br /> COUNTY declares, grants and conveys for the benefit of CAPKOV, its successors and assigns, a non- <br /> exclusive and perpetual right and easement over,upon,across and through the area labeled"Permanent <br /> Underground Stormwater Detention Easement" as shown on Exhibit B attached hereto and <br /> incorporated herein by reference (the "SDFE Tract") located on the COUNTY Property (the <br /> "Stormwater Detention-Facility Easement" or "SDFE Easement") to run stormwater drainage <br /> piping from CAPKOV's New Lot 1 through the SDFE Tract to the permanent underground storage <br /> detention facility (the "SDF") located on the COUNTY Property as shown on Exhibit B, for the <br /> purpose of transporting and discharging stormwater from Lot 1 over the SDFE Tract and into the SDF. <br /> CAPKOV, its successors and assigns shall have the right of full and unimpeded access over the SDFE <br /> to complete all demolition or construction as necessary to access the SDF structure and connect <br /> piping directly to the SDF. <br /> TO HAVE AND TO HOLD the permanent SDFE Easement unto CAPKOV, 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 SDFE Easement <br /> described herein. <br /> (i) CAPKOV, its successors or assigns is solely responsible for the perpetual <br /> maintenance, repair and replacement, and the costs thereof, of any piping or other facilities it <br /> constructs related to the SDF. CAPKOV will limit the impervious surface area on CAPKOV's New <br /> Lot 1 to an amount not to exceed 1.59 acres, the design maximum impervious surface of the SDF for <br /> stormwater running from CAPKOV's New Lot 1. <br /> (ii) CAPKOV will save and hold ORANGE COUNTY harmless from any <br /> liability or costs associated with the construction of improvements necessary to access the SDF and <br /> will bear full responsibility to restore any damage to the COUNTY Property and/or the SDF to the <br /> original condition of the COUNTY Property and the SDF. <br /> (iii) The cost for repair and maintenance of the permanent underground SDF <br /> shall be shared between CAPKOV and the ORANGE COUNTY,pro rata,based on the square footage <br /> 6 <br />