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<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 POw€ <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 regulatior <br />including without limitation, the enactment of impact fees and the applicati <br />thereof, after the date of this Agreement. Any such proposed change affectir <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 fee~ <br />for the entire Project upon submission of the application for Preliminary PI <br />approval. No further development review fees for a Preliminary Plat approve <br />shall be charged by Cabarrus County to the Project. <br /> <br />2.3.2 Cabarrus County Plan Enqineerinq Review Fees. Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering ar. <br />review fees for final subdivision plat approval as are applicable at the tin <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 fE <br /> <br />3. Successors and Assigns. <br /> <br />3.1 Bindinq Effect. This Agreement shall be binding on the successors anc <br />assigns of the County and the Developer in the ownership or development of a <br />portion of the Project. <br /> <br />3.2 Transfer of Proiect. Developer shall be entitled to transfer any port <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 n <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 Agreemen <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 deeme <br />to be the Developer for all purposes under this Consent Agreement with respe <br />to that portion of the Project transferred. <br /> <br />3.3 Release of Developer. In the event the County approves a transfer of <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 obligation <br />as may be reasonably requested by the County with regard to payment of any f <br />or other obligations owed to the County pursuant to this Agreement. In such <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 <br />further obligations to the County with respect to this Consent Agreement. <br /> <br />4, General Terms and Conditions. <br /> <br />4.1 Aqreements 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 wit <br />the land and shall be binding upon and an obligation of all successors in th <br />ownership of the Property. <br /> <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 />Q- II <br />