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558 <br /> <br />their best efforts consistent with normal review schedules and deadlines to <br />facilitate the timely processing of any and all plans, 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, but 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 building code inspection for code <br />compliance. <br /> 3. By the State of North Carolina: Structural and building code <br />compliance review by the North Carolina Department of Insurance; <br />Sedimentation and erosion control permit approval (including clearing, <br />grading 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 Landex property adjacent to the Project Site (approx. 16 <br />acres) (the "Landex Property") acquisition is desirable. The Landex 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. Ail fees payable to the City or County or any subdivisions, <br />departments or agencies thereof in connection with the development of the <br />Project, including, but not limited to, fees for plan review, building <br />permits, inspections and impact fees or capital recovery fees, shall not <br />exceed the amount of the regularly scheduled fees and charges in effect as of <br />the date of execution of the BA. <br /> <br /> E. 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 as <br />agreed upon by 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 E (the "Hotel Site"). The Hotel Ground Lease shall be for a <br />period of at least forty (40) years upon mutually agreeable terms and <br />conditions negotiated as an element of the BA with details to be provided in <br />"Associated Agreement #1". <br /> <br /> F. County Obligations. <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 (40) years with annual rent, terms and <br />conditions negotiated by City and County with details to be provided in <br />"Associated Agreement # 2". <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 Landex 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 Authority's 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 the Conference Center portion of the Project. The County shall <br />fund the difference between the 2% dedicated hotel/motel tax applied to the <br />debt service. Once revenues generated by the dedicated 2% reach or exceed the <br />annual Conference Center debt service, the excess will be used to reimburse <br />amounts funded in advance by the County. "Associated 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 />