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AG 2003 07 28
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AG 2003 07 28
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Last modified
3/3/2006 9:37:58 AM
Creation date
11/27/2017 11:41:38 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/28/2003
Board
Board of Commissioners
Meeting Type
Special
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2.3.3 Other Fees. Cabarrus County may charge ot~ier review fees <br /> that are generally applicable, including but not limited to <br /> standard building permit review fees for improvements to be <br /> constructed on improved lots and sediment and erosion <br /> control plan review fees. <br /> <br />3. Successors and Assigns. <br /> <br />3,1 <br /> <br />Bindinq 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 />3.2 <br /> <br />Transfer of Project, Developer shall-be entitled to transfer any <br />portion of this Project subject to the terms of this Consent <br />Agreement upon wri.tten 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 all purposes under this Consent Agreement with <br />respect to that portion of the Project transferred. <br /> <br />3.3 <br /> <br />4, General <br /> <br />Release of Developer. In the event of a transfer of all of the <br />remaining portion 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 />4.1 <br /> <br />Agreements to 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 />4.2 <br /> <br />4.3 <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 Applicability. Where th~s 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 />4.4 <br /> <br />Duration. 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 Regulations. <br /> <br />4.5 <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 /> <br /> <br />
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