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certain zoning text amendments, administrative modifications and /or binding interpretations <br />must be made pursuant to the Town's Land Use Ordinance so that all local government permits <br />for the project can be issued; and <br />WHEREAS, the Town is authorized to enter into this contract pursuant to, inter alia, the <br />North Carolina General Statutes ( "N.C.G.S. ") 160A -16, and the County is authorized to enter <br />into this contract pursuant to, inter alia, North Carolina General Statutes 153A -11, et seq., and <br />the Town's Board of Aldermen and the County's Board of County Commissioners have each <br />determined that it is in the best interests of their citizens to do so. <br />NOW, THEREFORE, in consideration of the mutual promises and covenants contained <br />herein and for other good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the Town and the County intending to be legally bound do hereby agree <br />as follows: <br />ARTICLE I <br />Definitions <br />(a) "Agreement" shall have the meaning set forth in the preamble. <br />"County" means Orange County, North Carolina. <br />"Common Area" means portions of the Facilities constructed on the Property (but <br />not the land itself) that are necessary for the Parties to function as occupants of the space. <br />Common areas include but are not limited to stairwells, emergency egress areas, building <br />lobbies, elevator services, restroom facilities, and equipment rooms housing electric, <br />mechanical and other building systems. <br />"Condominium" means the designation of portions of the Property for separate <br />ownership and the remainder of which is designated for common ownership solely by the <br />owners of those portions, consistent with Chapter 47C of the North Carolina General <br />Statutes. <br />"Condominium documents" means the declaration of covenants and restrictions <br />governing the condominiums proposed for the Property, including the description and <br />delegation of rights and obligations of the Town, the County and any other potential <br />condominium owner regarding access to and use of parking spaces, common areas and other <br />common elements described in such documents. These documents also include the <br />organizational and operating documents that will guide the condominium association <br />regarding the operation, maintenance, and other business associated with the Property. <br />"Development" means the planning, design and construction by the Town and the <br />County of the Facilities on the Property. <br />"Development Permit" means a building permit, zoning permit, subdivision <br />approval, special or conditional use permit, variance, or any other official action <br />of Local Government having the effect of permitting the development of the <br />2 <br />