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9 <br /> of impervious surface located on CAPKOV's New Lot 1 and the impervious surface located on the <br /> COUNTY Property as determined by the final approved plans and/or certificate of occupancy for the <br /> respective buildings located thereon. CAPKOV shall provide payment to ORANGE COUNTY for <br /> maintenance and repair within sixty (60) calendar days of written request by ORANGE COUNTY <br /> sent along with a billing invoice detailing the maintenance and repair completed. In the event <br /> CAPKOV believes there is repair, maintenance or improvements necessary then it may provide a <br /> proposal to the COUNTY and request the COUNTY to approve and complete the proposal. <br /> CAPKOV, as the owner of New Lot 1, shall not be required to share in the repair and maintenance of <br /> the permanent SDF until it receives a certificate of occupancy or certificate of completion for any <br /> building located on CAPKOV's New Lot 1 from the relevant governmental authority. <br /> (iv) CAPKOV, its successors and assigns will exclusively maintain and repair <br /> any and all piping constructed or other related stormwater improvements installed by CAPKOV <br /> conveying stormwater from CAPKOV's New Lot 1 to the permanent SDF, and ORANGE COUNTY, <br /> is successor and assigns will exclusively maintain and repair any and all piping or other related <br /> improvements conveying stormwater from the COUNTY Property to the permanent SDF that <br /> ORANGE COUNTY constructs. <br /> (b) Temporary Stormwater Drainage Easement. ORANGE COUNTY declares, grants and <br /> conveys for the benefit of CAPKOV, its successors and assigns, a non-exclusive and temporary (or <br /> permanent if SB#1 is converted to a permanent stormwater detention facility as provided in Section <br /> 2(b)(iv) below) right and easement over, upon, across and through that portion of the COUNTY <br /> Property labeled"Temporary Stormwater Drainage Easement"as shown on Exhibit C,attached hereto <br /> and incorporated herein by reference (the "SB#1 Easement Tract") to the area shown as Sediment <br /> Basin No. 1 (the "SM") on the Construction Plans and located on the COUNTY Property, for only <br /> so long as the temporary stormwater facility is in use during construction on CAPKOV's New Lot 1 <br /> (the "SB#1 Easement"). The SB#1 Easement granted herein is a temporary stormwater drainage <br /> easement in favor of CAPKOV to access SB#1 in connection with the development of CAPKOV's <br /> New Lot 1. The COUNTY further grants and conveys to CAPKOV, its successors and assigns, a <br /> temporary construction easement over the COUNTY Property, including any necessary demolition <br /> and construction activities to make stormwater connection to SB#1, for so long as the SB#1 Easement <br /> remains in effect(the "SB#1 Temporary Construction Easement"). <br /> TO HAVE AND TO HOLD the SB#1 Easement and the SB#1 Temporary Construction Easement <br /> unto CAPKOV and its successors and assigns in title; it being agreed that the rights and easements <br /> hereby granted are for the use of, are appurtenant to, and run with title to the Properties. ORANGE <br /> COUNTY warrants that it is seized of the COUNTY Property in fee simple and has the right to convey <br /> the SB#1 Easement, SB#1 Temporary Construction Easement, and related rights described herein. <br /> (i) CAPKOV as the Owner of New Lot 1 Property will be solely responsible to <br /> exclusively maintain, repair or replace, at its sole cost any and all piping and related stormwater <br /> improvements it constructs conveying stormwater from New Lot 1 to the SB#1 facility. ORANGE <br /> COUNTY will be solely responsible to exclusively maintain,repair or replace, at its sole cost any and <br /> all piping and related stormwater improvements it constructs conveying stormwater to the SB#1 <br /> facility. <br /> 7 <br />