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<br />. <br /> <br />2.3.2 Cabarrus County plan Engineer.inq Review Fees; Notwithstanding the <br />foregoing paragraph, Cabarrua County ~aycharge such standard engineering and <br />review fees for final subdivision plat approval as are applic~leat the time <br />of application. <br /> <br />2.3.3 Other Fees. CabarrUsCounty 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 sediment and erosion co~trol plan review fees. <br /> <br />3. Successors and Assigns. <br /> <br />3.1 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 Project. <br /> <br />3.2 Transfer of Proiect. 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 trans.ferred. <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 obligations owed to the County pursuant to this Agreement. In such ~n <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 ~ny <br />further obligations to the County withrespecttothis-Consent_Agreement. <br /> <br />4. General ,Terms and Conditions. <br /> <br />4.1 Aqreements to Run with the Land. This Agreement shall be-~ecorded' <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 Aqreement. This Agreement ~hall_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 Cabart:Us <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 fora_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- fora 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 to: (i) the expiration of <br />any applicable appeal period with respect to the approval- of this Agreement <br />without an appeal having been filedi or (ii) the final determination of any <br />court upholding this Agreement_. whichever occurs later, and excepting the <br />parties'- respective rights and obligations under this .Agreementi Developer, on <br />behalf of itself and Developer'S partners. officers, directors, employees; <br />,agents. attorneys and consultants, hereby release Cabarru$ County and Cabarrus <br /> <br />E-~ <br />