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RESOLUTION EXTENDING THE AUTHORITY OF THE COUNTY MANAGER AND THE COUNTY ATTORNEY UNDER LIMITED CIRCUMSTANCES TO AMEND CONSENT AGREEMENTS ENTERED INTO PURSUANT TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE WHEREAS, pursuant to the County's Adequate Public Facilities Ordinance ( "APFO ") as currently codified in Chapter 15 of the Cabarrus County Zoning Ordinance and in Section 17 of Chapter 4 of the Cabarrus County Subdivision Ordinance, various developers and builders in the County have each entered into a Consent Agreement with the County; WHEREAS, almost all of these Consent Agreements require the builder /developer to phase the construction of their project and to pay a Voluntary Mitigation Payment ( "VMP ") to the County to mitigate the effect of the project on public school capacity; WHEREAS, because of the present economic downturn, the development of new and existing residential subdivisions and the construction of new homes in Cabarrus County has slowed considerably and the ability of builders and developers to finance their projects has been adversely affected; WHEREAS, most of the Consent Agreements require the developeribuilder to pay the VMP for each lot at the time the lot is created by the recording the final plat; WHEREAS, based on the reasons and considerations contained therein, the Board of Commissioners adopted Resolution 2010 -10 on March 15, 2010, which Resolution provided as follows: 1. That all builders or developers who have executed a Consent Agreement with the County that provides for payment of the VMP at final platting may request that the County amend the affected Consent Agreement to allow such builder or developer to pay the VMP for each lot or unit at the time that the builder or developer pulls a building permit for such lot or unit. 2. That the County Manager is authorized to execute such Consent Agreement amendments without further approval of the Board, so long as the amendment is in compliance with the provisions of this Resolution. 3. That the County Attorney is authorized to determine if the proposed amendment for each Consent Agreement is in compliance with the provisions of the APFO and this resolution and shall draft the amendment documents. 4. That the amendment to each Consent Agreement shall provide that the amendment will expire on September 30, 2010 unless the Board by resolution extends the term of the amendment and that upon expiration, the original provisions of the Consent Agreement shall again constitute the contract between the parties. 5. That the amendment shall apply only to lots platted after the effective date of this Resolution, which is March 15, 2010. Attachment number 1 F -17 Page 470