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their best efforts consistent with normal review schedules and deadlines to <br />facilitate the timely processing of any and all plane, applications and <br />requests made by the Developer in connection with the Project. Development <br />approvals necessary for the Project but not yet obtained include, hut are not <br />limited to, the following: <br /> 1. By the City: Fire compliance permit (including approval of water <br />mains, hydrants and street access)~ Zoning compliance permit (including <br />receipt of flow acceptance letter for sewer discharge from the Water and <br />Sewer Authority of Cabarrus County) . <br /> 2. By the County: Plan review and buildin~ code inspection for code <br />compliance. <br /> 3. By the StaYs of North Carolina: Structural and building code <br />compliance review by the North Carolina Department of Insurance; <br />Sediments=ion and erosion control permit approval (including clearing, <br />~rading and site preparation) and utility extension approval, if necessary, <br />by the North Carolina Department of Environment and National {sic) Resources. <br /> <br /> B. Land Acquisitions. The parties acknowledge that County and City <br />acqUisition of Lander prope~y adjacent to the Project Site {approx. 16 <br />acres) (the "Lander Property") aoquisition is desirable. The Lander Property <br />is more particularly described in Exhibit B attached hereto and incorporated <br />herein by reference. <br /> <br /> C. Access Road. Vehicular access to and from the Project shall be by <br />a public roadway, the construction of which has now been completed in <br />accordance with current City specifications for such a roadway (the "Access <br />Road"). <br /> <br /> D. Fees. All fees payable to the City or County or any subdivisions, <br /> <br />Project, including, but not limited to, fees for plan review, building <br />pernttts, inspections and impact fees or capital recovery fees, shall not <br />exceed the amount of the regularly scheduled fees and c~uar~es in effect as of <br />the date of execution of the BA. <br /> <br /> H. City Obligations. <br /> 1. At no cost to Developer, City has completed the Access Road to the <br />Project. County, Tourism Authority and Developer agree that city shall not be <br />responsible for other/additional infrastructure for the Project, except es <br />agreed upon l~/City and Developer. <br /> 2. Subject to applicable law, City, as lessor, will enter into a <br />ground lease (the "Hotel Ground Lease") with Developer, as lessee, to lease <br />from the City that portion of the Project Site generally described in <br />Schedule II S (the "Hotel site',). The Hotel Ground Lease shall be for a <br />period of at least forty (40} years upon w~tually agreeable terms and <br />conditions negotiated as an element of the HA with details to be provided in <br />.Associated Agreement ~1". <br /> <br /> F. County 0bii~ations. <br /> 1. Subject to applicable law, the County as lessee shall enter into a <br />ground lease with the City as lessor (the "Convention Center Ground Lease") <br />to lease that portion of the Project Site generally described in Schedule II <br />F (the *'Convention Center Site"). The Convention Center Ground Lease shall be <br />for a period of at least forty (~0) years with annual rent, terms and <br />conditions negotiated by City and County with details to be provided in <br /> <br /> 2. The County shall participate with the City in the acquisition of the <br />Landex Property. County and City shall share equally in the actual costs <br />associated with acquisition of the Lander Property with details to be <br />provided in "Associated Agreement $3". <br /> 3. The County shall act as financing agent for the Tourism Authority <br />in the design and construction of the Conference Center and supporting <br />infrastructure. The County shall be reimbursed fully for all its costs <br />associated with the Project through existing and future dedicated revenues <br />generated by 2% of the Tourism Authorityts 5% local hotel/motel <br />accommodations tax. It is understood that such revenues will initially be <br />less than required to meet the anticipated debt service {principal and <br />interest) for =he Conference Center portion of the Project% The County shall <br />fund the 'difference between the 2% dedicated hotel/motel tax applied to the <br /> <br />annual Conference Center debt sex-sics, the excess will be used to rei~d~urse <br />an~unts funded in advance by the County. "~socia=ed Agreement # 5" between <br />County and Tourism Authority shall fully detail the fiscal arrangements <br />authorizing the financing and debt service requirements for the Conference <br />Center. <br /> <br /> <br />