AG 2005 12 19 - Laserfiche WebLink

Home Browse Search

existence and effective as of the date of final site plan approval and the terms and conditions of this Consent Agreement. 2.2.2 Reserved Leqislative Powers, 2.2.2,0.1 Future Changes of Laws and Plans; Compelling countervailing Public Interest. Nothing in this Agreement shall limit the future exercise of the police power of Cabarrus county in enacting zoning, subdivision, development, growth management, platting, environmental, open space, transportation and other land use plans, policies, ordinances and regulations, including without limitation, the enactment of impact fees and the application thereof, after the date of this Agreement. Any such proposed change affecting the recognized rights of the project shall be of general application to all development activity in Cabarrus county. 2.3 Fees. 2.3.1 Development Review Fees. The project has paid development review fees for the entire Project upon submission of the application for site plan approval. No further development review fees for site plan approval shall be charged by Cabarrus County to the project. 2.3.2 Cabarrus County Plan Enqineerinq Review Fees. Notwithstanding the foregoing paragraph, Cabarrus County may charge such standard engineering and review fees for final site plan approval as are applicable at the time of application. 2.3,3 Other Fees. Cabarrus County and any other applicable jurisdiction may charge other review fees that are generally applicable, including but not limited to standard building permit review fees for improvements to be constructed on improved lots and sediment and erosion control plan review fees. 2.3.4 Credit for school Site Donation. This consent agreement to be approved for Portrait Homes includes a $270,681 credit towards school adequacy payments. This credited figure is based on the sale price for the school site being $1,700,000 and the total land and improvement value being $1,970,681. The total amount of the school adequacy payments will be dependent upon the total number of units constructed within the project, and Portrait Homes would be responsible for the payment of any amount above $270,681. 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 entitled to transfer any 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 consen~ 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 project transferred. 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 the 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 assume such obligations 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 such an 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 Agreement, 4. General Terms 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 G;/'S