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

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structure located on CAPKOV ' s New Lot I Property from the relevant governmental authority . (f) Use of Access Easement. No barriers , obstructions , fences or other hindrances to the free and unrestricted two -way pedestrian and vehicular traffic shall be erected or maintained on or within the Cross-Access Easement Tract, except temporarily for reasonable times and in a reasonable manner for purposes of performing maintenance or repair. Once constructed, the Cross- Access Easement Tract shall not be used for the parking of vehicles within the Cross -Access Easement Tract by CAPKOV, its successors , assigns , occupants , invitees , licensees , contractors or other person accessing CAPKOV ' s New Lot 1 or New Lot 2 . Once constructed, the Cross -Access Easement Tract shall not be used by either Party for the staging of materials , or the storage of personal property of any kind without the written consent of the Parties . 2 . Stormwater Easements . ( a) Permanent Underground Storage Detention Facility Easement . ORANGE COUNTY declares , grants and conveys for the benefit of CAPKOV, its successors and assigns , a non- exclusive and perpetual right and easement over, upon, across and through the area labeled "Permanent Underground Stormwater Detention Easement" as shown on Exhibit B attached hereto and incorporated herein by reference (the " SDFE Tract") located on the COUNTY Property (the "Stormwater Detention-Facility Easement" or " SDFE Easement") to run stormwater drainage piping from CAPKOV ' s New Lot 1 through the SDFE Tract to the permanent underground storage detention facility (the " SDF") located on the COUNTY Property as shown on Exhibit B , for the purpose of transporting and discharging stormwater from Lot 1 over the SDFE Tract and into the SDF . CAPKOV, its successors and assigns shall have the right of full and unimpeded access over the SDFE to complete all demolition or construction as necessary to access the SDF structure and connect piping directly to the SDF . TO HAVE AND TO HOLD the permanent SDFE Easement unto CAPKOV, its successors and assigns in title forever; 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 . ORANGE COUNTY warrants that it is seized of the COUNTY Property in fee simple and has the right to convey the SDFE Easement described herein . (i) CAPKOV, its successors or assigns is solely responsible for the perpetual maintenance, repair and replacement, and the costs thereof, of any piping or other facilities it constructs related to the SDF . CAPKOV will limit the impervious surface area on CAPKOV ' s New Lot 1 to an amount not to exceed 1 . 59 acres , the design maximum impervious surface of the SDF for stormwater running from CAPKOV ' s New Lot 1 . (ii) CAPKOV will save and hold ORANGE COUNTY harmless from any liability or costs associated with the construction of improvements necessary to access the SDF and will bear full responsibility to restore any damage to the COUNTY Property and/or the SDF to the original condition of the COUNTY Property and the SDF . (iii) The cost for repair and maintenance of the permanent underground SDF shall be shared between CAPKOV and the ORANGE COUNTY, pro rata, based on the square footage 6