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Do <br /> <br />Fees. To the maximum extent permissible under applicable law, all fees payable <br />to the City or County or'any subdivisions or agency of either in connection with <br />the development of the Project, including, but not limited to, fees for plan check, <br />building permits and inspections and impact fees, shall not exceed the mount of <br />the regularly scheduled fees and charges in effect as of the Delivery Date. <br /> <br />E° <br /> <br />.C~. The City shall cause (at no cost to Developer) to be performed <br />certain infrastructure and road-work described on Schedule 1 attached hereto and <br />made a part hereof ("Obligations"). The BA shall describe in.reasonable detail the <br />exact nature of the Obligations, the timing and performance thereof. In addition, <br />the City acknowledges that the timing of performance of the Obligations is a <br />critical component to the success of the opening of Concord Mills and, <br />accordingly, as part of the negotiation of the BA, the parties shall agree on a <br />mechanism of ensuring that the agreed-to time schedule for completion of the <br />Obligations is met (by way of example only, i.e. daily liquidated damages or <br />means of the Developer to complete the Obligations and back charge the party <br />obligated to perform). <br /> <br />Additional Financial Considerations. The City and County recognize and <br />anticipate that the development of Concord Mills will result in substantial <br />commercial development in the area around the Project and that the development <br />of Concord Mills and this ancillary development is desired by the City and the <br />County. Because of the scope of the development and the anticipated ancillary <br />development, it is appropriate that the City and County provide an economic <br />incentive program that will assist and encourage the Developer to develop <br />Concord Mills at a financially feasible cost and to maximize the sales and <br />financial return generated by the Project to the mutual benefit of Developer, City <br />and County. In consideration of, and as an inducement to Developer to develop <br />Concord Mills, the City (in addition to City's obligation to deliver the <br />Obligations) and County hereby agree to provide to Developer an economic <br />incentive program (the "Economic Incentive Program" or "EIP") based on the <br />Schedule 2 attached hereto and made a part hereof. ' <br /> <br /> The Economic Incentive Program to be made to the Developer as an <br />inducement to cause the Developer to locate the Project within the City shall be <br />made from annual appropriations from the general funds of the City or from such <br />other funds of the City as may be set aside for the implementation of one or more <br />economic development programs as may be authorized by applicable North <br />Carolina law. With respect to the County, the County's portion of the EIP will be <br />paid in an amount determined by local sales tax revenues generated by the Project <br />consistent with the "Level III" Grant Program described on Schedule 2. As a <br />further inducement to cause the Developer to locate the Project in the City and <br /> <br /> <br />