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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/21/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br /> <br /> <br />direct or indirect operations of the Developer or their contractors, <br />subcontractors, agents, employees or other persons acting on their behalf which <br />relates to the projectr and (2) from any claim that damages, just compensation, . <br />restitution, judicial or equitable relief is due by reason of the terms of or <br />effects arising from this Agreement. Developer agrees to pay all. costs for the <br />defense of Cabarrus County and its officers, agents, employees, consultants, <br />special counsel and representatives regarding any action for damages, just <br />compensation, restitution, judicial or equitable relief caused or alleged to <br />have been caused by reason of Developer's actions in connection with the <br />Project or any claims arising out of this Agreement. This hold harmless <br />Agreement applies to all claims for damages, just compensation, reIJtitution, <br />judicial or equitable relief suffered or alleged to have been suffered by <br />reason of the events referred to in this paragraph or due by reason of the <br />terms of, or effects, arising from this Agreement regardless of whether or not <br />the County prepared, supplied or approvedthilJ Agreement, plans or <br />IJpecificationlJ.,or both, for the Project. The developer further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of the County, <br />including feeIJ and COIJts for special counsel to be selected by Cabarrus county, <br />regarding any action by a third party challenging the validity of this <br />Agreement or asserting that damages, just compensation, restitution, judicial <br />or equitable relief is due to personal or property rights by reason of the <br />terms of, or effects arising from this Agreement..Cabarrus County may make all <br />reasonable decisions with reIJpect.to its representation in any legal <br />proceeding. . <br /> <br />4.15 aelationship of Parties. The contractual relationship between Cabarrus <br />County and Developer arising out of this Agreement is one of independent <br />contractor and not agency. It is specifically understood by the parties that: <br />(a) the Project is a private development; (b) County has no interest in or <br />responsibilities for or duty to third parties concerning any improvements to <br />the Property unless the County accepts the improvements pursuant to the <br />provisions of this Agreement or in connection with any applicable subdivision <br />map approval; and (c) As between the County and the Developer, the Developer <br />shall have the full power and exclusive control of the Property subject to the <br />obligations of the Developer set forth in this Agreement. <br /> <br />5.1 Default. <br /> <br />5.1.1 Events of Default. Developer is in default under this Agreement upon the <br />happening of one or more of the following events or. conditions: <br /> <br />(1) If a warranty, representation or statement made or <br />furnished by Developer to Cabarrus .County is .falIJe or <br />proves to have been false in any material respect when it was <br />made; <br /> <br />(2) A finding and determination made by Cabarrus County <br />following a periodic review that upon the basis of <br />substantial evidence the Developer has not complied in good <br />faith with one or more of the terms or conditions of this <br />Agreement. <br /> <br />(3) Any other event, condition, actor omission which <br />materially interferes with the intent and objectives of <br />this Agreement. <br /> <br />5.1.2 Procedure upon Default. <br /> <br />(1) Upon the occurrence of default, County shall give Developer (the <br />"defaulting party") thirty (30) days written notice specifying the nature of <br />the alleged default and, when appropriate, the manner in which said default may <br />be satisfactorily cured. After proper notice and expiration of said thirty (30) <br />day cure period without cure, Cabarrus County may execute any remedy available <br />.to it hereunder and under appliCable law, rule, regulation or ordinance, and <br />may be entitled to terminate or amend this Agreement. in accordance with the <br />procedures adopted by Cabarrus County. Failure or delay in giving notice of <br />default shall not constitute a waiver of any default, nor shall it change the <br />time of default. Exercise of any remedy available toCabarrus County does not <br />preclude exercise of any other remedies available to Cabarrus County, any of <br />which may be exercised independently or concurrently. <br /> <br />(2) CabarrusCounty does not waive any claim of aefect in performance by <br />Developer, if on periodic review Cabarrus County does not propose to modify or <br />terminate this Agreement. <br /> <br />F-q <br /> <br />
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