AG 2007 06 18 - Laserfiche WebLink

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3.2 Tzansfer of Pxoject. Developer shall be entitled to transfer any portion of this Project subject to the terms of this Consent Agreement upon written notice to and the prior written consent of the County, which consent shall not be unreasonably withheld. However, such consent may take into account the solvency of the proposed assignee and the assignee's perceived ability and willingness to comply with all terms and conditions of this Consent Agreement, including without limitation, the timely payment of any fees owed the County hexeunder, In the event of any such tiansfes, the tsansferee shall be deemed to be the Developer for all purposes under this Consent Agreement with respect to that portion of the Project transferred. 3.3 Release of Developer. In the event the CounCy approves a transfer of all ox a the remaining portion of the obligations to the County pursuant to the Project, the Developer shall obtain a written assumption by the transferee, satisfactory to the County, of the Dewelopei's obligations under this Agreement, and, such evidence of financial ability to assume such obligations as may be reasonably requested by the County with regard to payment of any fees or other obligations owed to the County pursuant to this Aqreement. In such an event, the transferee shall be fully substituted as the Developer under this Agreement and the Developer executing this Agreement shall be released from any further obligations to the County with respect to this Consent Agreement. 9. Ganeral Tarme~and Conditione. 4.1 Aareements to Run with the Land. This Agreement shall be recortled aqainst the PxopeYty as described in this Consent Agreement. The agreements contained herein shall be deemed to be a lien upon~ binding upon and run with the land and shall be binding upon and an obligation of all successors in the ownership of the Property. 4.2 Construction of Aqreement. This Agreement shall be deemed to be negotiated between all affected parties and shall not be more strictly construed aqainst any one party, but rather 6e construed so as to fairly effectuate the public purpose of settlement of disputes that may arise hereunder. 9.3 Laws of Gen~ral Applicability. Where this Agreement refers to laws of geneeal applicability to the eroject and other properties, this Agreement shall be deemed to refer to other developed and subdivided pTOperties in Cabarrus County. 9.4 Duration. The term of this Agreement shall commence on and become effective the date of final subdivision approval and final site plan approval from the City of Concord. The Term of this Agreement shall extend for a period of two years followin9 the effective da[e unless the Agxeement is eaxlier terminated, or its term modified. The term of this Agreement shall automatically be extended for a period of two years following the filing of each record plat for a portion of the project, in accordance with The City of Concord Onified Development Ordinance and any applicable Ca6arrus County zegulations. . 9.5 Mutual Releases. At the time of, and subject to: (i) the expira[ion of any applicable appeal period with respect to the approval of this Agreement without an appeal having been filed; or (ii) the final determination of any court upholding this Agreement, whichever occurs later~ and excepting the parties' respective rights and obligations under this Agreement; Developer, on behalf of itself and Developex's paxtners officers, ditectors, employees, agents, attorneys and consultants, hereby release Cabarrus County and Cabarrus County board members, officials, employees, agents, attorneys and consultants, from and against any and all claims, demands, liabilities, costs, expenses of whatever nature, whether known or unknown, and whether liquidated or contingent, arising on or before the date of this Agreement in connection with the application, processing or approval of The Mills at Rocky River Project. 9.6 State and Federal Law. The parties agree, intend and understand that the obligations imposed by this Agreement are only such as are consistent with state and fedexal law, The parties further agree that if any provision of this Agceement becomes,.in its pexformance, inconsistent with sCate or federal law or is declared invalid, this Agreement shall be deemed amended to the extent necessary to make it consistent with state or federal law, as the case may be, and the balance of the Agreement shall remain in full force and effect. 9.7 Enforcement. The parties to this Agreement recognize that, in addition to other remedies that may be available, Cabarrus County has the right to G-q