Orange County NC Website
Hillsborough Sanitary Sewer Easement and accepted the sewer main line into Hillsborough ' s <br /> perpetual maintenance program. The easements herein conveyed include, but are not limited to , the <br /> right and privilege by ORANGE COUNTY, its successors and/or assigns or CAPKOV, its successors <br /> and assigns to go onto and to access the COUNTY Property or CAPKOV Property to the extent <br /> necessary to complete construction, with vehicles , heavy equipment, machinery , construction <br /> supplies , and building materials (collectively, the " Construction Activities ") , <br /> (c) Construction Improvements within the Sanitary Sewer Easement Tract. <br /> ORANGE COUNTY shall construct and improve the Sanitary Sewer Easement Tract in compliance <br /> with the approved Construction Plans . The costs of the construction improvements herein shall be <br /> borne solely by ORANGE COUNTY . If CAPKOW S New Lot 1 is developed prior to the COUNTY ' s <br /> Property, then, if necessary, CAPKOV shall have the right to construct and improve the Sanitary Sewer <br /> Easement Tract to the same standards required by the Construction Plans provided all such <br /> construction complies with the public bidding and contracting laws applicable to local governments <br /> in North Carolina if such compliance is required in the opinion of ORANGE COUNTY ' S legal <br /> counsel . If CAPKOV is in full compliance with the requirements of the preceding sentence , <br /> CAPKOV shall be entitled to a full reimbursement from ORANGE COUNTY of the cost of <br /> construction improvements over the SSET, including all reasonable and market-rate costs of <br /> management, materials and labor documented by CAPKOV to ORANGE COUNTY with invoices for <br /> the management, materials and labor. Reimbursement of invoices submitted by CAPKOV shall be <br /> paid by ORANGE COUNTY to CAPKOV within sixty (60) calendar days of submittal . <br /> 5 . Parties Entrance Sign Easement. <br /> (a) Grant of Signage Easement . CAPKOV grants and conveys to ORANGE <br /> COUNTY and ORANGE COUNTY grants and conveys to CAPKOV an entrance sign easement <br /> (hereinafter " Signage Easement") located at the northeastern and the northwestern corners of the <br /> entrance road off of Waterstone Drive , in the areas labeled " Signage Easement" as shown on Exhibit <br /> E, attached hereto and incorporated herein by reference (collectively the " Sign Easement Tract") . It <br /> being the intent of this grant of Sign Easement that to the extent the location of Signage Easement is <br /> on the CAPKOV Property or to the extent the location of the Signage Easement is on the COUNTY <br /> Property, that the Parties , have granted and conveyed, and hereby do grant and convey, to the other <br /> Party the Signage Easement . Nothing contained in this Declaration shall prevent ORANGE COUNTY <br /> or CAPKOV from erecting other signs on their respective Properties as long as the other signage does <br /> not interfere with the Signage Easement conveyed herein . The provisions set forth in subsection (a) , <br /> (b) , (b) (i) and (b) (n) shall not apply : (i) if ORANGE COUNTY or CAPKOV elect to have separate <br /> signage without need for the Signage Easement on the other Party ' s property; and (ii) ORANGE <br /> COUNTY or CAPKOV communicates its decision for separate Signage in writing to the other party <br /> prior to the end of the seven ( 7 ) day response period to the proposed work as set forth in subsection <br /> (b) (i) "Initial Construction" below. Should either party elect for separate Signage, ORANGE <br /> COUNTY and CAPKOV shall be solely responsible for the construction and maintenance of its <br /> separate sign . If ORANGE COUNTY or CAPKOV elect to have separate Signage, all signage <br /> constructed shall not interfere with the public ' s view of constructed Signage from the roadway . <br /> Notwithstanding the foregoing , the election of either ORANGE COUNTY or CAPKOV not to utilize <br /> the Signage Easement or utilize any shared signage shall not restrict or impair the ability of the non- <br /> electing Party to benefit from and otherwise utilize the Signage Easement . <br /> 10 <br />