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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Template:
Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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2.2.2.0.1 Future Changes of Laws and Plans; Compelling <br />Countervailing Public Interest. <br />Nothing in this Agreement shall limit the future exercise of the police power <br />of the City of Kannapolis and the County in enacting zoning, subdivision, <br />development, growth management, platting, environmental, open space, <br />transportation and other land use plans, policies, ordinances and regulations, <br />including without limitation, the enactment of impact fees and the application <br />thereof, after the date of this Agreement. Notwithstanding the foregoing, the <br />Project and the development thereof shall not be subject to any such proposed <br />changes that would prohibit or impair the development of the maximum 580 <br />apartment unit Project or that would increase the amount of the Adequate . <br />Facilities Fee as described in Section 1.SA hereof. - <br />2.3 Fees. (Intentionally Deleted by the Parties] <br />2.3.1 Development Review Fees. The Project has paid development review fees <br />for the entire Project upon submission of the application for Conditional Use <br />Permit and Multi-family Conceptual Site Plan approval. No further development <br />review fees for a Conditional Use Permit and Multi-family Conceptual Site Plan <br />approval shall be charged by Cabarrus County to the Project. <br />2.3.2 Cabarrus County Plan En gi neerinq Review Fees. <br />[Intentionally Deleted by the Parties] <br />2.3.3 Other Fees. Cabarrus County and any other applicable jurisdiction may <br />charge other review fees that are generally applicable, including but not <br />limited to standard building permit review fees for improvements to be <br />constructed on improved lots and sediment and erosion control plan review fees. <br />3. Successors and Asaigna <br />3.1 Binding Effect. This Agreement shall be binding on the successors and <br />assigns of the County and the Developer in the ownership or development of any <br />portion of the Project. <br />3.2 Transfer of Project. Developer shall be entitled to transfer any portion <br />of this Project subject to the terms of this Consent Agreement upon written <br />notice to and the prior written consent of the County, which consent shall not <br />be unreasonably withheld. However, such consent may take into account the <br />solvency of the proposed assignee and the assignee's perceived ability and <br />willingness to comply with all terms and conditions of this Consent Agreement, <br />including without limitation, the timely payment of any fees owed the County <br />hereunder. In the event of any such transfer, the transferee shall be deemed <br />to be the Developer for all purposes under this Consent Agreement with respect <br />to that portion of the Project transferred. <br />3.3 Release of Developer. In the event the County approves a transfer of all <br />or a the remaining portion of the obligations to the County pursuant to the <br />Project, the Developer shall obtain a written assumption by the transferee, <br />satisfactory to the County, of the Developer's obligations under this <br />Agreement, and, such evidence of financial ability to assume such obligations <br />as may be reasonably requested by the County with regard to payment of any fees <br />or other obligations owed to the County pursuant to this Agreement. In such an <br />event, the transferee shall be fully substituted as the Developer under this <br />Agreement and the Developer executing this Agreement shall be released from any <br />further obligations to the County with respect to this Consent Agreement. <br />9. General Tarma and Conditions. <br />9.1 Agreements to Run with the Land. This Agreement shall be recorded <br />against the Property as described in this Consent Agreement. The agreements <br />contained herein shall be deemed to be a lien upon, binding upon and run with <br />the land and shall be binding upon and an obligation of all successors in the <br />ownership of the Property. <br />4.2 Construction of Agreement. This Agreement shall be deemed to be <br />negotiated between all affected parties and shall not be more strictly <br />construed against any one party, but rather be construed so as to fairly <br />effectuate the public purpose of settlement of disputes that may arise <br />hereunder. <br />4.3 Laws of General ApplicabilitY• Where this Agreement refers to laws of <br />general applicability to the Project and other properties, this Agreement shall <br />~-5 <br />
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