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<br />approval. No further development review fees for a preliminary Plat approval <br />shall be charged by Cabarrus County to the Project. <br /> <br />2.3.2 Cabarrus County Plan Engineering Review Fees. Notwithstanding the <br />foregoing paragraph, Cabarrus County may charge such standard engineering and <br />review fees for final subdivision plat approval as are applicable at the time <br />of 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 />3. Successors and Assigns. <br /> <br />3.1 Binding 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 />3.2 Transfer of Project. 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 consent 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 Agreements to Run with the Land. This Agreement shall be recorded <br />against the Property as described in this Consent Agreement. The agreements <br />contained herein shall be deemed to be a lien upon, binding upon and run with <br />the land and shall be binding upon and an obligation of all successors in the <br />ownership of the Property. <br /> <br />4.2 Construction of Agreement. This Agreement shall be deemed to be <br />negotiated between all affected parties and shall not be more strictly <br />construed against anyone party, but rather be construed so as to fairly <br />effectuate the public purpose of settlement of disputes that may arise <br />hereunder. <br /> <br />4.3 Laws of General Applicability. Where this Agreement refers to laws of <br />general applicability to the Project and other properties, this Agreement shall <br />be deemed to refer to other developed and subdivided properties in Cabarrus <br />County. <br /> <br />4.4 Duration. The term of this Agreement shall commence on and become <br />effective the date of final subdivision approval from the County. The Term of <br />this Agreement shall extend for a period of two years following the effective <br />date unless the Agreement is earlier terminated, or its term modified. The term <br />of this Agreement shall automatically be extended for a period of two years <br />following the filing of each record plat for a portion of the project, in <br />accordance with The City of Concord ODO and any applicable Cabarrus County <br />regulations. <br /> <br />4.5 Mutual Releases. At the time of, and subject to: (i) the expiration of <br />any applicable appeal period with respect to the approval of this Agreement <br />without an appeal having been filed; or (ii) the final. determination of any <br />court upholding this Agreement, whichever occurs later, and excepting the <br />parties' respective rights and obligations under this Agreement; Developer, on <br /> <br />.1 <br />~., <br /> <br />~\ <br />