AG 2008 11 17 - Laserfiche WebLink

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C 2.2.2.0.1 Future Changes of Laws and Plans; Compelling Countervailing Public Interest. Nothing in this Agreement shall limit the future exercise of the police power of the County in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations, including without limitation, the enactment of impact fees and the application thereof, after the date of this Agreement. Any such proposed change affecting the recognized rights of the Project shall be of general application to all development activity in Cabarrus County. 2.3 Fees. 2.3.1 Development of Review Fees. The Project has paid development review fees for the entire Project upon submission of the application for preliminary plat approval and site plan approval. No further development review fees for preliminary plat approval and site plan approval shall be charged by Cabarrus County for the Project. 2.3.2 Cabarrus County Plan Engineering Review Fees. Notwithstanding the foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final subdivision plat approval and final site plan approval as are applicable at the time of application. 2.3.3 Other Fees. Cabarrus County and any other applicable jurisdiction may charge other review fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion control plan review fees. 3. Successors and Assigns. 3.1 Binding Effect. This Agreement shall be binding on the successors and assigns of the County and the Developer in this ownership or development of any portion of the Project. 3.2 Transfer of Project. Developer shall be entitled to transfer any portion of this Project subject to the terms of this Consent Agreement upon written notice to and the prior written consent of the County, which consent shall not be unreasonable withheld. However, such consent may take into account the solvency of the proposed assignee and the assignee's perceived ability and willingness to comply with all terms and conditions of this Consent Agreement, including without limitation, the timely payment of any fees owed the County hereunder. In the event of any such transfer, the transferee shall be deemed to be the Developer for all purposes under this Consent Agreement with respect to that portion of the Project transferred. 3.3 Release of Developer. In the event the County approves a transfer of all or a part of the remaining portion of the obligations to the County pursuant to the Project, the Developer shall obtain a written assumption by the transferee, satisfactory to the County, of the Developer's obligations under this Agreement, and such evidence of financial ability to assume such obligations as may be reasonable requested by the County with regard to payment of any fees or other obligations owed to the County pursuant to this Agreement. In such an event, the transferee shall be fully substituted as the Developer, under this Agreement shall be released from any further obligations to the County with respect to this Consent Agreement. 4. General Terms and Conditions. 9.1 Agreements to Run with the Land. This Agreement shall be recorded against the Property as described in this Consent Agreement. The agreements contained herein shall be deemed to be a lien upon, binding upon and run with the land and shall be binding upon an obligation of all successors in the ownership of the Property. 9.2 Construction of Agreement. This Agreement shall be deemed to be negotiated between all affected parties and shall not be more strictly construed against any one party, but rather be construed so as to fairly effectuate the public purpose of settlement of disputes that may arise hereunder. 9.3 Laws of General Applicability. Where this Agreement refers to laws of general applicability to the Project and other properties, this Agreement shall Item# 3 Attachment number 2 E_~ 98 of 408