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<br />development described and incorporated in Section 1 under the zoning, <br />subdivision, development, growth management, adequate public facilities¡ <br />platting, environmental, open spacer transportation and other land use <br />plans, laws and regulations in existence and effective on August 2, 2004¡ <br />and the terms and conditions of this Consent Agreement. <br /> <br />2.2.2 Reserved Leqislative Powers; Future Changes of Laws and Plans; <br />Compellinq Countervailing Public Interest. Except as specifically set forth <br />herein, nothing in this Agreement shall limit the future exercise of the <br />police power of the County in enacting zoning¡ subdivision, development, <br />growth management, platting, environmental¡ open spacer transportation <br />and other land use plans, policies¡ ordinances and regulations after the <br />date of this Agreement. Notwithstanding the retained power of Cabarrus <br />County to enact such legislation under the police powers¡ such legislation <br />shall only be applied to modify the vested rights described in Section <br />2.2.1 based upon policies¡ facts and circumstances meeting the <br />compelling countervailing public interest exception to the vested rights <br />doctrine in the State of North Carolina. Any such proposed change <br />affecting the vested rights of the Project shall be of general application to <br />all development activity in Cabarrus County; and¡ unless Cabarrus County <br />declares an emergency¡ Developer shall be entitled to prior written notice <br />and an opportunity to be heard with respect to the proposed change and <br />its applicability to the Project under the compelling countervailing public <br />policy exception to the vested rights doctrine; provided¡ however¡ in no <br />event shall any action of County be effective to modify the express terms <br />hereof or the Specific Conditions set forth in Section 1.5 hereof unless <br />agreed to in writing by Developer. The regulations, ordinances¡ policies <br />and plans governing the permitted uses, density¡ and general <br />configuration of the project hereby vested shall be those in effect on <br />August 2, 2004. <br /> <br />2.3.1 <br /> <br />3. Successors and Assigns. <br /> <br />3.1 Bindinq Effect. This Agreement shall be binding on the successors and assigns <br />of the Developer in the ownership or development of any portion of the Project¡ and shall run <br />with the land of the Project and shall bind all future owners thereof. <br /> <br />3.2 <br /> <br />Intentionally omitted. <br /> <br />3.3 Release of Developer. In the event of a transfer of all of the remaining portion <br />of the Project, the Developer shall obtain an assumption by the transferee of the Developer's' <br />obligations under this Agreement, and, in such an event, the transferee shall be fully <br />substituted as the Developer under this Agreement and the Developer executing this AgreelT)'ent <br />shall be released from any further obligations with respect to this Consent Agreement. <br /> <br />3 <br /> <br />0.... <br />