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4 <br /> and <br /> WHEREAS, the Property is appropriately zoned for the use proposed for the project, <br /> except that,before the County and ORFD can construct and operate the Facility at the Site, certain <br /> zoning text amendments, administrative modifications, and/or binding interpretations must be <br /> made pursuant to the Town's Land Use Ordinance so that all local government permits for the <br /> project can be issued; and <br /> WHEREAS, ORFD is authorized to enter into this contract pursuant to, inter glia, the <br /> North Carolina General Statutes ("N.C.G.S.") §69.25.6 and the County is authorized to enter into <br /> this contract pursuant to, inter alia, North Carolina General Statutes §153A-11, et seq., and the <br /> Parties have each determined that it is in the best interests of the residents to do so; and <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 hereby <br /> acknowledged, ORFD and the County intending to be legally bound do hereby agree 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, restroom facilities, and equipment rooms housing electric, mechanical and other <br /> 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 on 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 ORFD, the County and any other potential <br /> condominium owner regarding access to and use of parking spaces, common areas and <br /> other 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 /> 2 <br />