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AG 2004 07 26
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AG 2004 07 26
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Last modified
3/9/2006 9:20:03 PM
Creation date
11/27/2017 11:38:35 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/26/2004
Board
Board of Commissioners
Meeting Type
Regular
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3.1 <br /> <br />3.2 <br /> <br />3.3 <br /> <br />4. General <br /> 4.1 <br /> <br />4.2 <br /> <br />4.3 <br /> <br />4.4 <br /> <br />4.$ <br /> <br />Bindlna Effect. This Agreement shall be binding on the successors <br />and assigns of the Developer in the ownership or development of <br />any portion of the Project. <br /> <br />Transfer of Proiect. Developer shall be entitled to transfer any <br />portion of this Project subject to the terms of this Consent <br />Agreement upon written notice to and written consent of the <br />County, which consent shall not be unreasonably withheld. Tn the <br />event of any such transfer, the transferee shall be deemed to be <br />the Developer for ail purposes under this Consent Agreement with <br />respect to that port~on of the Project transferred. <br /> <br />Release of Develooer. In the event of a transfer of all of the <br />remaining port~on of the Project, the Developer shall obtain an <br />assumption by the transferee of the Developer's' obligations under <br />this Agreement, and, in such an event, the transferee shall be fully <br />substituted as the Developer under this Agreement and the <br />Developer executing this Agreement shall be released from any <br />further obligations with respect to this Consent Agreement. <br /> <br />Terms and Conditions. <br /> <br />Aoreements I;g Run with the Land. This Agreement shall be <br />recorded against the Property as described in Exhibit A hereto and <br />shown on Exhibit A hereto. The agreements contained herein shall <br />be deemed to run with the land and shall be binding on all <br />successors in the ownership of the Property. <br /> <br />Construction of Agreement. This Agreement should be construed <br />so as to effectuate the public purpose of settlement of disputes, <br />while protecting any compelling~ countervailing public interest. <br /> <br />Laws.of General Aoolicabdity. Where this Agreement refers to laws <br />of general applicability to the Project and other properties, this <br />Agreement shall be deemed to refer to other developed and <br />subdivided properties in Cabarrus County. <br /> <br />DuraUon. The term of this Agreement shall commence on, and the <br />effective date of this Agreement. The Term of this Agreement shall <br />extend for a period of two years following the effective date unless <br />the Agreement is earlier terminated, or its term modified. The term <br />of this agreement shall automatically be extended for a period of <br />two years following the filing of each record plat for a portion of <br />the project, in accordance with the Subdivision Reaulation..~ <br /> <br />Mutual Releases. At the time of, and subject to, (i) the expiration <br />of any applicable appeal period with respect to the approval of this <br />Agreement without an appeal having been filed or (ii) the final <br />determination of any court upholding this Agreement, whichever <br />occurs later, and excepting the parties' respective rights and <br />obligations under this Agreement, Developer, on behalf of itself and <br />Developer's partners officers, directors, employees, agents, <br />attorneys and consultants, hereby release Cabarrus County and <br />Cabarrus County board members, officials, employees, agents, <br />attorneys and consultant, and Cabarrus County, on behalf of itself <br />and the Cabarrus County board members, officials, employees, <br />agents, attorneys and consultants, hereby releases Developer and <br />Developer's partners, oMcers, directors, employees, agents, <br />attorneys and consultants, from and against any and all claims, <br /> <br />4 <br /> <br /> <br />
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