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<br />review fees for final~ubdivision plat approval'asare 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, iricluding 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 />J.1 Bindinq 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 Proje~t. <br /> <br />3.2 Transfer of-Proiect. Developer shall be entitied to tra~sfer 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,thetimely 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 Develooer. In the event the County approves a transfer of all <br />or a the remaining portion of the obligations to the County pursuant td 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 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 T8~ and Conditions. <br /> <br />4.1 Aqreementsto Run with the Land. This Agreement shall be recorded <br />against the Property as described_in this Consent Agreement-. The agreements <br />~ontained 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 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 />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 tocother 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. Th~ 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 The City of Concord Unified Development Ordinance '(UDO) and any <br />applicable Cabarrus County regulations. <br /> <br />4.5 Mutual Releases. At the time of. and subject ~o; (1) the expiration-of <br />any applicable appeal period with respect to the approval of this Agreement <br />without an appeal having been filed; or (ii) the final determination of any <br />court upholding this Agreement, whichever occurs later, arid 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 and Cabarrus <br />County board members, officials, employees, agents, attorneys-and consultants, <br />from and against any and all claims, demands, liabilities, costs, expenses of <br />whatever nature, whether known orunknoWD, and whether liquidated or <br /> <br />P3 <br />