Vested Rights. Pursuant to the authority granted therefor in Article 10 of Chapter 160D of the General Statutes, all rights and prerogatives accorded the Developer and Owner by this Agreement, including, without limitation, application of the Current Regulations, shall constitute vested rights for the Development of the Property throughout the Term of this Agreement. The Parties agree, intend, and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. In accordance with N.C.G.S. 160D‐1007(c), in the event State or federal law is changed after the Effective Date and the change prevents or precludes compliance with one or more provisions of this Agreement, the Village, upon finding that the change in State or federal law has a fundamental effect on this Agreement, may modify the affected provisions by ordinance after written notice to the Developer and an evidentiary hearing, and the Village shall record the modification in the Registry on or before the tenth (10th) day after the date of adoption of the modification. The provisions set forth in NCGS §§ 160D-108 and 108.1 further set forth vested rights and exceptions.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Vested Rights. Pursuant to the authority granted therefor in Article 10 of Chapter 160D of the General StatutesN.C.G.S. § 160D- 1001 through 1012, all rights and prerogatives accorded the Developer and Owner by this Agreement, including, without limitation, application of the Current Regulations, shall constitute vested rights for the Development of the Property throughout the Term of this Agreement. The Parties agree, intend, and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. In accordance with N.C.G.S. 160D‐1007(c160D‐ 1007(c), in the event State or federal law is changed after the Effective Date and the change prevents or precludes compliance with one or more provisions of this Agreement, the Village, upon finding that the change in State or federal law has a fundamental effect on this Agreement, may modify the affected provisions by ordinance after written notice to the Developer and an evidentiary a hearing, and the Village shall record the modification in the Registry on or before the tenth (10th) day after the date of adoption of the modification. The provisions set forth Provided, however, if the Developer does not agree with the modification, the Developer may either appeal such decision or terminate this Agreement by recording a notice of termination in NCGS §§ 160D-108 and 108.1 further set forth vested rights and exceptionsthe Registry on or before the tenth (10th) day after the Village records the modification.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Vested Rights. Pursuant to the authority granted therefor in Article 10 of Chapter 160D of the General Statutes, all rights and prerogatives accorded the Developer and Owner by this Agreement, including, without limitation, application of the Current Regulations, shall constitute vested rights for the Development of the Property throughout the Term of this Agreement. The Parties agree, intend, and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. In accordance with N.C.G.S. 160D‐1007(c160D‐ 1007(c), in the event State or federal law is changed after the Effective Date and the change prevents or precludes compliance with one or more provisions of this Agreement, the Village, upon finding that the change in State or federal law has a fundamental effect on this Agreement, may modify the affected provisions by ordinance after written notice to the Developer and an evidentiary hearing, and the Village shall record the modification in the Registry on or before the tenth (10th) day after the date of adoption of the modification. The provisions set forth in NCGS §§ 160D-108 and 108.1 further set forth vested rights and exceptions.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Vested Rights. Pursuant to the authority granted therefor in Article 10 of Chapter 160D of the General Statutes, all rights and prerogatives accorded the Developer and Owner by this Agreement, including, without limitation, application of the Current Regulations, shall constitute vested rights for the Development of the Property throughout the Term of this Agreement. The Parties agree, intend, and understand that the obligations imposed by this Agreement are only such as are consistent with state and federal law. In accordance with N.C.G.S. 160D‐1007(c160D‐ 1007(c), in the event State or federal law is changed after the Effective Date and the change prevents or precludes compliance with one or more provisions of this Agreement, the Village, upon finding that the change in State or federal law has a fundamental effect on this Agreement, may modify the affected provisions by ordinance after written notice to the Developer and an evidentiary hearing, and the Village shall record the modification in the Registry on or before the tenth (10th) day after the date of adoption of the modification. The provisions set forth in NCGS §§ 160D-108 and 108.1 further set forth vested rights and exceptions.
Appears in 1 contract
Sources: Development Agreement