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AG 2005 12 19
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AG 2005 12 19
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Last modified
3/3/2006 8:34:20 AM
Creation date
11/27/2017 11:36:48 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/19/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br />existence and effective as of the date of final site plan approval and the <br />terms and conditions of this Consent Agreement. <br /> <br />2.2.2 Reserved Leqislative Powers, <br /> <br />2.2.2,0.1 <br /> <br />Future Changes of Laws and Plans; Compelling <br />countervailing Public Interest. <br /> <br />Nothing in this Agreement shall limit the future exercise of the police power <br />of Cabarrus county in enacting zoning, subdivision, development, growth <br />management, platting, environmental, open space, transportation and other land <br />use plans, policies, ordinances and regulations, including without limitation, <br />the enactment of impact fees and the application thereof, after the date of <br />this Agreement. Any such proposed change affecting the recognized rights of the <br />project shall be of general application to all development activity in Cabarrus <br />county. <br /> <br />2.3 Fees. <br /> <br />2.3.1 Development Review Fees. The project has paid development review fees <br />for the entire Project upon submission of the application for site plan <br />approval. No further development review fees for site plan approval shall be <br />charged by Cabarrus County to the project. <br /> <br />2.3.2 Cabarrus County Plan Enqineerinq Review Fees. Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering and <br />review fees for final site plan approval as are applicable at the time of <br />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 sediment and erosion control plan review fees. <br /> <br />2.3.4 Credit for school Site Donation. This consent agreement to be approved <br />for Portrait Homes includes a $270,681 credit towards school adequacy payments. <br />This credited figure is based on the sale price for the school site being <br />$1,700,000 and the total land and improvement value being $1,970,681. The total <br />amount of the school adequacy payments will be dependent upon the total number <br />of units constructed within the project, and Portrait Homes would be <br />responsible for the payment of any amount above $270,681. <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 /> <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 consen~ 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 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 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 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 /> <br />G;/'S <br />
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