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AG 2005 02 21
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AG 2005 02 21
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Last modified
3/3/2006 8:34:38 AM
Creation date
11/27/2017 11:34:49 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/21/2005
Board
Board of Commissioners
Meeting Type
Regular
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<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 Engineering Review Fees~ Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering and <br />review fees for final subdivision platC!Pproval 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 />charg~ 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 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 /> <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 assu~ption 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 Condi tlon. . <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 />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 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 any 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(!!) the final determination of any . <br /> <br />F-A <br /> <br /> <br />
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