AG 2010 09 20 - Laserfiche WebLink

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authority of the City of Mt. Pleasant or Cabarrus County. Seller or Seller's successors or assigns shall provide Buyer an engineer's certification that the improvements are built according to the design. 22.2 COUNTY acknowledges that Seller, or Seller's successors or assigns, including any purchaser of the adjacent property from Seller, may develop the adjacent property for residential purposes or some other purpose, and COUNTY agrees not to oppose any such development. Further, COUNTY agrees that prior to the Closing Date, Seller and COUNTY shall agree on language to be inserted into the Permanent Conservation Easement that will allow for not only the stormwater discharge as set forth in Section 22.1 and. a vehicular bridge as set forth in Section 22.4, but for other easements and temporary construction easements at a location approved of by Buyer that may be necessary for the development of the adjacent property (e.g. sanitary sewer, electrical, water, cable, pedestrian bridges, and the like). All such easements and improvements shall be setback a minimum of 30 feet from top of bank where practicable and such use does not fi►rther degrade water quality. Any such easements will require the party obtaining the easement to minimize damage to the Conservation Values and to restore the Property to the pre - construction condition upon completion. The Permanent Conservation Easement shall further provide that COUNTY and Seller (or the party developing the adjacent property) shall act in good faith to agree on the terms of any future easements, and if the parties cannot agree on the scope, location or any other aspects of the requested easement, and a dispute arises as a result thereof, any such dispute shall be submitted to binding arbitration for resolution pursuant to the North Carolina Revised Uniform Arbitration Act. 22.3 COUNTY will allow neighboring landowners access to the trails on the Property after the trails are developed and open to the public. 22.4 In conjunction with the development of the adjacent property, COUNTY will grant an easement to Seller, or Seller's successors or assigns, for the construction and use of a vehicular bridge across Creek, provided such bridge is approved by the appropriate permitting authorities, such as the , and the maintenance of the bridge is the responsibility of the Seller. Such easement will require the Seller to minimize damage to the Conservation Values and to restore the Property upon completion. 23. Brokerage Commissions Seller and COUNTY represent each to the other that Daryl Greenberg is the only real estate broker to whom brokerage commissions are or shall be due as a result of the sale of the Property to COUNTY. Seller shall be solely responsible for such commission at closing. Each of Seller and COUNTY agrees to indemnify, defend and save harmless the other party from and against any cost and expense (including reasonable attorneys' fees) incurred by the indemnified party as a result of the Untruth of the foregoing representation by the indemnifying party. 24. Notices All notices or elections required or permitted to be given or served shall be deemed given or served iii accordance with the provisions of this Agreement if and when sent by registered or certified United States Mail, postage prepaid, properly addressed to the parties as follows: to COUNTY: Attention: At number 1 F -13