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<br />, <br /> <br />subdivision plats approved and to develop and construct the Project in <br />accordance with the uses, density and general configuration of development <br />described and incorporated in Section 1 under the applicable zoning, <br />subdivision, development, growth management, platting, environmental, open <br />space, transportation and other land use plans, laws and regulations in <br />existence and effective as of the date of final subdivision approval and the <br />terms and conditions of this Consent Agreement. <br /> <br />2.2.2 Reserved Leqislative Powers. <br /> <br />2.2.2.0.1 <br /> <br />Future Changes of Laws and Plans; Compelling <br />Countervailing Public Interest. <br /> <br />Nothing in this Agreement shall limit the future exercise of the police power <br />of the City of Concord 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. Any such proposed change affecting <br />the recognized rights of the Project shall be of general application to all <br />development activity in The City of Concord or Cabarrus County. <br /> <br />2.3 Fees. <br /> <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 Preliminary plat <br />approval. No further development review fees for a Preliminary Plat approval <br />shall be charged by Cabarrus County to the Project. <br /> <br />2.3.2 Cabarrus County Plan Engineerinq Review Fees. Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering and <br />review fees for final subdivision plat approval as are applicable at the time <br />of application. <br /> <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 /> <br />3. Successors and Assigns. <br /> <br />3.1 Bindinq 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 /> <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 /> <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 /> <br />4. General Terms and Conditions. <br /> <br />4.1 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 /> <br />f-~ <br />