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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 alga, 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 alga, North Carolina General Statutes § 153A- It , 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 />