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July 26, 2004 Page 569 F0 17. The County of Cabarrus floodplain protection criteria shall apply to the whole development. 18. The County of Cabarrus stream buffer preservation and water quality protection criteria shall apply to the whole development. 19. The County of Cabarrus Watershed Protection Overlay District criteria shall apply to the whole development. 20. Ail utility design and construction shall meet the City of Concord and Water and Sewer Authority of Cabarrus County standards. 21. Ail plat approval, engineering and construction drawing approval shall be processed by Cabarrus County and NC DOT, except for water and sewer infrastructure. 22. Plaintiffs will grade for a sidewalk along Zion Church Road to be constructed by the City provided NC DOT grants encroachment rights. If DOT will not grant such encroachment rights, Plaintiffs will convey to the City a sidewalk easement so that the City may construct a sidewalk at some future time. Connection of Brandon Ridge Subdivision and Park Place Subdivision to Water and Sewer Facilities. Provided Plaintiffs' plans, plats, permit applications and submissions for Brandon Ridge Subdivision and Park Place Subdivision conform to the provisions of items D. and E. of this mediation agreement and are approved by Cabarrus County and NC DOT, as applicable, Concord will permit water and sewer connections and will furnish water and sewer service to each subdivision. Promptly upon execution of this mediation agreement the City will expedite issuance of "will serve" letters for water and sewer for service to each subdivision. In processing applications for service under Concord's current code of ordinances Chapter 62, Water and Wastewater Utilities, the City will not impose any requirements under Chapter 62 except as they relate to technical engineering and health standards applicable to the design and construction of water and sewer facilities. 2 o Water and sewer connection fees for each lot in Brandon Ridge Subdivision and Park Place Subdivision will not be due and payable until the Plaintiffs, or current owner, apply to the City for a permanent water meter and tap. The amount of the payment for each lot shall be the amount that is established by the City for all similarly situated lots as of the date of this agreement. Except as set out in this mediation agreement, Concord shall impose no other condition precedent to the connection of any lots in Brandon Ridge Subdivision and Park Place Subdivision. Other Provisions. In addition to the foregoin9, the parties further agree that the following provisions shall apply to the development of Brandon Ridge Subdivision and Park Place Subdivision. Cabarrus County joins in this agreement for the sole purpose of acknowledging and agreeing to the terms of this item G. Plaintiffs acknowledge that they have previously entered into a Consent Agreement with the County regarding Brandon Ridge Development that requires payment of, among other things, adequate school facilities fees. The Agreement was recorded in Cabarrus County Register of Deeds Book 4545, Page 69 on May 20, 2003. Plaintiffs further acknowledge that a condition to preliminary approval of Park Place Subdivision or any other Plaintiff project in the County will be that Plaintiff must enter into the then standard Consent Agreement with the County regarding payment of adequate school facilities fees. Plaintiffs acknowledge that annexation of Plaintiffs' projects into the City limits will not negate the obligation to pay any such fees. 2 o Plaintiffs agree they will use Concord Power exclusively for the lots and homes developed in Brandon Ridge Subdivision and Park Place Subdivision.