OTHER-2026-044- Declaration of Easements and Restrictive Covenants for the Crisis Diversion facility

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6 . Temporary Road Construction Easement and Other Infrastructure Improvements : New Right Turn Lane, New Left Turn Lane, New Break In Existing Median and Retain Wall Temporary Construction Easement, Public Right-of--Way Dedication and Bus Stop . (a) Grant of Temporary Construction Easement. CAPKOV declares , grants and conveys for the benefit of ORANGE COUNTY, its successors and assigns , agents and contractors , a temporary construction easement over, upon , across and through that certain portion of CAPKOV ' s Property, located along Waterstone Drive (a variable width right- of-way) to complete Infrastructure improvements referenced as "New Right Turn Lane With Taper Per TIA Recommendation, New Break in Existing Median Per TIA Recommendation, New Left Turn Lane with Taper Per TIA recommendation and Cast in Place Retaining Wall , Design by Others , and Bus Stop" (collectively the "Road Construction Easement", as shown on Exhibit A (the "Road Construction Easement Area") For purposes of clarification, the New Left Turn Lane, New Break in Existing Median and a portion of the Retaining Wall Infrastructure Improvements , and Bus Stop are located primarily in the existing Waterstone Public Right-of--Way or on ORANGE COUNTY Property . However, all the road Infrastructure improvements referenced on Exhibit A, permitted by this Road Easement include, but are not limited to , grading, paving, curb and gutter, striping, drainage modifications , utilities , if any, traffic control and restoration. All Infrastructure improvements described herein will be constructed in full compliance with the approved Construction Plans as required by the Town of Hillsborough . The Road Construction Easement conveyed herein will terminate upon full governmental acceptance of the relevant Improvements and formal dedication and acceptance by the Town of Hillsborough . TO HAVE AND TO HOLD the Road Construction Easement unto ORANGE COUNTY and its successors and assigns , contractors , and agents as provided herein ; it being agreed that the rights and easements hereby granted are for the use of, are appurtenant to and run with title to the Properties . CAPKOV warrants that it is seized of the CAPKOV Property in fee simple and has the right to convey the Road Construction Easement described herein . (b) Construction Improvement Costs . ORANGE COUNTY shall bear all costs of design, permitting and construction of the Improvements described in this Section 6 . If CAPKOV ' s New Lot 1 Property is developed prior to the COUNTY Property, then CAPKOV shall have the right to construct new right-turn lane with taper to the same standards required by the 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 , including all reasonable and market-rate costs of management, materials and labor documented by CAPKOV to ORANGE COUNTY with invoices for the management, materials and labor. Reimbursement of invoices submitted by CAPKOV shall be paid by ORANGE COUNTY to CAPKOV within sixty (60) calendar days of submittal . (c) Dedication of Public Right-of--Way. CAPKOV agrees to dedicate additional public right- of-way along Waterstone Drive to the extent necessary for the Improvements described in this Section 6 , as shown on the Constriction Plans and any necessary recordable plat . ORANGE COUNTY shall prepare all plats and documents and pay associated costs required for the dedication . 12