AG 2004 08 16 - Laserfiche WebLink

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F. Connection of Morrison Creek Subdivision to Water and Sewer Facilities. Provided Plaintiffs' plans, plats, permit applications and submissions for Morrison Creek Subdivision conform to the provisions of items D. and E. of this mediation agreement and are approved by Cabarrus County and NC DOT, as applicable, Concord will permit water and sewer connections and will furnish water and sewer service to Morrison Creek Subdivision. Promptly upon execution of this mediation agreement the City will expedite issuance of "will serve" letter for water and sewer for service to the subdivision. In processing applications for service under Concord's current code of ordinances Chapter 62, Water and Wastewater Utilities, the City will not impose any requirements under Chapter 62 except as they relate to technical engineering and health standards applicable to the design and construction of water and sewer facilities. Water and sewer connection fees for each lot in Morrison Creek 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. Except as set out in this mediation agreement, Concord shall impose no other condition precedent to the connection of any lots in Morrison Creek Subdivision. Other Provisions. In addition to the foregoing, the parties further agree that the following provisions shall apply to the development of Morrison Creek Subdivision. Cabarrus County Joins in this agreement for the sole purl0ose of acknowledging and agreeing to the terms of this item ~. Plaintiffs understand and agree that a condition to preliminary approval of Morrison Creek Subdivision will be that Plaintiffs must enter into a standard Consent Agreement with Cabarrus County regarding payment of adequate facilities fees and agree that armexation of the Subdivision into the City limits shall not negate the obligation to pay such fees. cabarrus County agrees that the school in~actedequate (sic) facilities fee for the Morrison Creek Subdivision will be $500 per home, payable at the time of issuance of a certificate of occupancy. This provision does not preclude a later agreement be=ween Cabarrus County and the developer for a conveyance of land in lieu of the fee. Morrison Creek, LLC agrees that it will use Concord Power exclusively for the lots and homes developed in Morrison Creek Subdivision. Plaintiffs will submit petitions for voluntary annexation of the lots in Morrison Creek Subdivision into Concord at the same time as applications for final plat approval of each phase of the subdivision are submitted to Caharrus 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 Authorization. Each party warrants to every other party that it has the requisite capacity and authority to enter into and to perform the tOrms of this mediation agreement and that all actions have been taken necessary to duly authorize the execution and performance of this agreement, subject only to the necessity to obtain the local enabling legislation referred to in item G (3) herein. Time to Execute. This Agreement shall be executed by all parties no later than 5:00 PM on July 9, 2004.