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<br />2.3.2Cabarrus County Plan Enqineerinq Review Fees. Notwithstanding the <br />foregoing paragraph, 'Cabarrus County may cha.rge such standa.rd 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 .ediment and erosion control plan review fees. <br /> <br />3. Successors and Assigns. <br /> <br />.3.1 Bindinq Effect. This Agreement shall be <br />assigns of the county'and the Developer in the <br />portion of the Project. <br /> <br />binding on the successors and <br />ownership or development of any <br />. . <br /> <br />3.2 Tra'ns:fer ofProiect.. 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 writtenconBent of the county,which'consent shall not <br />be unreasonably withheld. However, such consent may take into account the <br />~olvency of the proposed assignee and the assignee'S perceived ability and <br />willingness to comply witb 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 deeme4_ <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 ob1igati-ons 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 Deve16per executing this Agreement shall be released -from any <br />further ot;)ligations to ..the County with, respect.to thisCon~ent,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 up~n and run ~ith <br />'the land and shall be binding.upon'and an obligation of all successors ~n the <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 construedBo as.to fairly <br />effectuate the- public _purpose of settlement of disputes that may; arise, <br />hereunder. . <br /> <br />4.3 Laws of General A~plicability. Where this Agreement refers ~o-l~wB ~f <br />general applicability to the Project:andother properties, this Agreement shall <br />be deemed to refer to other developed and 8ub~ivided 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. Tbe 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 te1~' <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 re~lations. <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 Iii) the final determination of any <br />court upholding this Agreement, whichever occurs later, and excepting the <br />parties' 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 an~ Cabarrus <br /> <br />F-2D <br />