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<br />10 NELSON MULLINS RILEY & SCARBOROUGH LLP
<br /> For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation.
<br />Any schematic depictions of the uses, parking areas, sidewalks, structures and buildings, building
<br />elevations, driveways, streets/roads, trails, paths, creeks, green space, open space, easements, utilities,
<br />signage, lighting, Development Areas, green space areas and other development matters and site elements
<br />(collectively the “Development/Site Elements”) that may be set forth on the Rezoning Plan should be
<br />reviewed in conjunction with the Narrative portion of the Rezoning Plan. The layout, locations, sizes and
<br />formulations of the Development/Site Elements that may be depicted on the Rezoning Plan are merely
<br />graphic representations of the Development/Site Elements that are generally proposed. Since the Project
<br />has not undergone the design development and construction phases and given the long-term master
<br />planned nature of the Project, it is intended that this Rezoning Plan provide for flexibility in allowing
<br />modifications from the graphic representations of any Development/Site Elements shown. Therefore, there
<br />will be instances where modifications will be allowed without requiring Board of County Commissioners
<br />review or approval under the UDO; these instances would include changes to Rezoning Plan if they are
<br />permitted by the Rezoning Plan, do not materially change the overall design intent that may be generally
<br />depicted on the Rezoning Plan, and/or are needed to deal with changing market conditions and
<br />development constraints. Furthermore, and in addition to the foregoing rights, at any time the Applicant or
<br />the owner of the applicable parcel in question, may seek approval of the development sought by filing of a
<br />rezoning pursuant to the requirements of the Ordinance.
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<br />C. Five Year Vested Rights. Per Section 1.1.15 of the UDO and the provisions of N.C.G.S Section
<br />153A-344.1, due to the master planned large scale nature of the development & its timing, and the level of
<br />investment, among other factors, the Applicant, Property and the Rezoning Plan shall be entitled to vested
<br />rights in the manner described herein and therein, but such provisions shall not limit any other vested rights
<br />at common law or otherwise.
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<br />D. Flexibility in Listing & Location of Uses. While the Rezoning Plan sets forth a conceptual Site
<br />Plan and a high level design intent for the Project, it is understood that allowed uses may be located across
<br />portions of the entire Project, subject to any applicable separation standards/requirements and as set forth
<br />in the Rezoning Plan as to the Preserved Green Space Areas. In addition, the Rezoning Plan sets the range
<br />of permitted and prohibited uses for the Project, and it is understood that the listing of uses is intended to
<br />be interpreted broadly in a reasonable manner since it is difficult to list all specific uses within categories or
<br />descriptions of uses and uses evolve over time with new uses brought to bear that may not exactly fit the
<br />descriptions of uses as of the approval of the Rezoning.
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<br />E. Amendments. Future amendments to the Rezoning Plan (which includes without limitation the
<br />provisions of this Narrative) may be applied for by the Applicant or the then owner or owners of the
<br />applicable portions or parcels of the Project affected by such amendment in accordance with applicable
<br />provisions of the UDO.
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<br />F. Binding Effect. If this Rezoning is approved, all conditions applicable to the development of the
<br />Property imposed under the Rezoning Plan will, unless amended in the manner provided herein, be binding
<br />upon and inure to the benefit of the Applicant, and subsequent owners of portions or parcels of the Property,
<br />as applicable, and their respective heirs, devisees, personal representatives, successors in interest or
<br />assigns.
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<br />G. Special Definitions & Clarifications. In addition to certain defined terms set forth in the Rezoning
<br />Plan including without limitation this Narrative, the following apply to certain definitions, which
<br />definitions/provisions shall control to the extent of any conflict or duplication with definitions or provisions
<br />contained in the UDO:
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<br /> 1. Applicant. This term refers to Buc-ees, Ltd. its affiliates, successors or assigns,
<br />which is serving as the applicant for the Rezoning.
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