AG 2005 03 21 - Laserfiche WebLink

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2.3.2 CabarrusCountv Plan Enqineerinq Review Fees. Notwithstandingthe foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final_subdivision plat approval as are applicable at the time of appli~ation. 2.3.3 Other Fees. CabarrUsCounty and any other applicable jurisdiction may charge other review fees that are generally applicable, including but not llmited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion co~trol plan revi~w fees. 3. Successors and Assigns. 3.1 Bindinq Effect. This Agreement shall be binding on the successors and assigns of the County and the Developer in the ownership or development of any portion of the Project. 3.2 Transfer of proiect. Developer shall be entltled:totransferany portion of this Project-subject to the terms of this Consent Agreement upon written notice to and the prior written consent of the County, which consent-shall not be, unreasonably withheld. However, such consent may take into account the solvency of the proposed assignee and the assignee'S perceived ability and willingness. to comply with all terms and conditions of this Consent Agreement, including without limitation, the timely payment of any fees owed the County hereunder. In the event of any such transfer, the transferee shall be deemed .to be the Developer for all purposes under this Consent Agreement with respect to that portion of the projecttran~ferred. 3.3 Release of Developer. In the event the County approves a transfer of all or a the remaining portion of the obligations to the county pursuant to th~ Project, the Developer shall obtain a -written assumption by the transferee, satisfactory to the County, of the Developer's obligations under this Agreement, and, such evidence of financial ability_to assumesuch~bligations as may be reasonably requested by the County with regard to payment of any fees or other obligations owed to the County pursuant to this Agreement. In suchan event; the transferee shall be fully substituted as the Developer under this Agreement and the Developer executing this Agreement shall be released from any further obligations to the County with respect to this-Consent~reement. 4. General TSrm8 and Conditions. 4.1 AQreements to Run with the Land. This Agreement shall be 'recorded against ,the Property as described in this Consent Agreement. The agreements contained herein shall be deemed to be a lien upon, binding upon and run ,with the 'land and shall be binding upon and an obligation of all _successors in the ownership of the Property. 4.2 Construction of Agreement. This Agreement ,shall be deemed to be negotiated between all. affected parties and shall not be more strictly construed against anyone party, but rather be construed so as to fairly effectuate the public purpose of settlement of disputes that may arise hereunder. 4.3 Laws of General Applicability. where this_Agreement refers to laws of 'general applicability to the project and other properties, this Agreement shall be deemed to refer to other developed and subdivided properties in Cabarrus County. 4.4 Duration. The term of this Agreement shall commence on and become effective the date of final subdivision approval from the County. The_Term of this Agreement shall extend fora_period of two years following the effective date unless the Agreement is_earlier terminated, or its term modified.-Tbe term of this Agreement shall automatically be extended for a period of two years following the filing of each record plat- fora portion of the project, ili. accordance with The City of Concord Unified Development Ordinance' (UDO) and any applicable Cabarrus county regulations. 4.5 Mutual Releases. At the time of, and subject to: (i) the expirationot any applicable appeal period with respect-to the approval of this Agreement without an appeal having been filed; or {iilthe final determination of any court upholding this Agreement" whichever occurs later, and excepting the parties' respective rights and obligations under this Agreement; Developer, on behalf of itself and Developer'S partners,officers, directors, employees, agents, attorneys and consultants, hereby release Cabarrus County and Cabarrus '(:- :;v..