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

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