AG 2004 07 26 - Laserfiche WebLink

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2. Water and sewer connection fees for each lot in Brandon Ridge Subdivision and Park Place Subdivision will not be due and payable until the Plaintiffs, or current owner, apply to the City for a permanent water meter and tap. The amount of the payment for each lot shall be the amount that is established by the City for all similarly situated lots as of the date of this agreement. 3. Except as set out in this mediation agreement, Concord shall impose no other condition precedent to the connection of any lots in Brandon Ridge Subdivision and Park Place Subdivision. Go Ho Other Provisions_ In addition to the foregoing, the parties further agree that the following provisions shall apply to the development of Brandon Ridge Subdivision and Park Place Subdivision. Cabarrus County joins in this agreement for the sole purpose of acknowledging and agreeing to the terms of this item G. 1. Plaintiffs acknowledge that they have previously entered into a Consent Agreement with the County regarding Brandon Ridge Development that requires payment of, alnong other things, adequate school facilities fees. The Agreement was recorded in Cabarrus County Register of Deeds Book 4545, Page 69 on May 20, 2003. Plaintiffs further acknowledge that a condition to preliminary approval of Park Place Subdivision or any other Plaintiff project in the County will be that Plaintiff must enter into the then standard Consent Agreement with the County regarding payment of adequate school facilities fees. Plaintiffs acknowledge that annexation of Plaintiffs' projects into the City limits will not negate the obligation to pay any such fees. 2. Plaintiffs agree they will use Concord Power exclusively for the lots and homes developed in Brandon Ridge Subdivision and Park Place Subdivision. 3. Plaintiffs will submit petitions for voluntary annexation of the lots in Brandon Ridge Subdivision and Park Place Subdivision into Concord at the same time as applications for final plat approval of each phase of the subdivisions are submitted to Cabarrus County for approval, but prior to the conveyance of any lot on any such recorded final plat. The parties agree that the effective date of any ordinance of annexation enacted by Concord upon such petition shall be the latest date allowable under applicable law, up to a maximum of twenty-four months from the date of adoption of the annexation ordinance. Concord and Plaintiffs agree to work together to seek and to support local legislation authorizing such twenty-four month delayed effective date, notwithstanding any contrary or different provisions of the General Statutes of North Carolina applicable to such petitions for voluntary annexation. Due AuthariT. atinn_ Each party warrants to every other party that it has the requisite capacity and authority to enter into and to perform the terms of this mediation agreement