|
<br />4.2 Construction of Aqreement. This Agreement shall be deemed to be
<br />negotiated between", all affected parties and shall not be more strictly
<br />construed against anyone party, but rather be construed so as to fairly
<br />effectuate the public purpose of settlement of disputes that may arise
<br />hereunder.
<br />
<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 />be deemed to refer to other developed and subdivided properties in Cabarrus
<br />county.
<br />
<br />4.4 Duration. The term of this Agreement shall commence on and become
<br />effective the date of final subdivision approval from the county. The Term of
<br />this Agreement shall extend for a period of two years following the effective
<br />date unless the Agreement is earlier terminated, or its term modified. The term
<br />of this Agreement shall automatically be extended for a period of two years
<br />following the filing of each record plat for a portion of the project, in
<br />accordance with The City of Concord Unified Development Ordinance (UDO) and any
<br />applicable Cabarrus County regulations.
<br />
<br />4.5 Mutual Releases. At the time of, and subject to: (i) the expiration of
<br />any applicable appeal period with respect to the approval of this Agreement
<br />without an appeal ,having been filed; or (ii) the final determination of any
<br />court upholding this Agreement, whichever occurs later, and excepting the
<br />parties I respective rights and obligations under this Agreement; Developer, on
<br />behalf of itself and Developer's partners officers, directors, employees,
<br />agents, attorneys and consultants, hereby release Cabarrus County and Cabarrus
<br />County board members, officials, employees, agents, attorneys and consultants,
<br />from and against any and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, whether known or unknown, and whether liquidated or
<br />contingent, arising on or before the date of this Agreement in connection with
<br />the application, processing or approval of the Hampden Village project.
<br />
<br />4.6 State and F.deral Law. The parties agree, intend and understand that the
<br />obligations imposed by this Agreement are only such as are consistent with
<br />state and federal law. The parties further agree that if any provision of this
<br />Agreement becomes, in its performance, inconsistent with state or federal law
<br />or is declared invalid, this Agreement shall be deemed amended to the extent
<br />necessary to make it consistent with state or federal law, as the case may be,
<br />and the balance of the Agreement shall remain in full force and effect.
<br />
<br />4.7 Enforcement. The parties to this Agreement recognize that, in addition
<br />to other remedies that may be available, Cabarrus County has the right to
<br />enforce its rules, policies, regulations, ordinances, and the terms of this
<br />Agreement by seeking an injunction to compel compliance with the terms of this
<br />Agreement. In theievent that Developer or any user on the subject property
<br />violates the rule~, policies, regulations or ordinances of Cabarrus county or
<br />violates the term~ of this Agreement, Cabarrus County may, without seeking an
<br />injunction and af~er ten (10) days' notice to correct the violation, take such
<br />actions as shall ~e deemed appropriate under law until such conditions have
<br />been honored by the Developer. Cabarrus County shall be free from any liability
<br />arising out of th$ exercise of its rights under this paragraph.
<br />
<br />4.8 No Waiver. Failure of a party hereto to exercise any right hereunder
<br />shall not be deemed a waiver of any such right and shall not affect the right
<br />of such party to exercise at Borne future time said right or any other right it
<br />may have hereunde~. No officer, official or agent of Cabarrus County has the
<br />power to amend, m~dify or alter this Agreement or waive any of its conditions
<br />as to bind Cabarr~s County by making any promise or representation not
<br />contained herein.
<br />
<br />4.9 Entire Aqre,ment. This Agreement constitutes the entire agreement
<br />between the parti,s and supersedes all prior agreements, whether oral or
<br />written, covering the same subject matter. This Agreement may not be modified
<br />or amended except in writing mutually agreed to and accepted by both parties to
<br />this Agreement.
<br />
<br />4.10 Attornevs Fees. Should any party hereto employ an attorney for the
<br />purpose of enforctng this Agreement, or any judgment .based on this Agreement,
<br />for any reason or:in any legal proceeding whatsoever, including insolvency,
<br />bankruptcy, arbitration, declaratory relief or other litigation, including
<br />appeals or rehear~ngs, and whether or not an action has actually commenced,
<br />each party shall be responsible for their own, attorneys I fees and all costs and
<br />
<br />E-&
<br />
|