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prior year or years, but shall not exceed the cumulative total for the <br />year/years identified); <br />Calendar year 2006, no more than 50 single-family lots will be platted; <br />Calendar year 2007, no more than 100 single-family lots will be platted; <br />Calendar year 2008, no more than 100 single-family lots will be platted; <br />Calendar year 2009, no more than 100 single-family lots will be platted; <br />Calendar year 2010, no more than 100 single-family lots will be platted; <br />Calendar year 2011, no more than 100 single-family lots will be platted; <br />Calendar year 2012, no more than 13 single-family lots will be platted. <br />1.2 Legal Description of Property. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and incorporated into <br />this Consent Agreement by this reference (the "Property"). No property may be <br />added to the map. des cription for purposes of this Consent Agreement, except by <br />written amendment. Except as expressly set forth in this Agreement with <br />respect to off-property road improvements, this Consent Agreement shall not <br />affect any land other than the Property. <br />1.3 Approved Use and Density. This Consent Agreement shall recognize, with <br />respect to the Project, the total number of subdivided, single family <br />residential lots, consisting of an overall maximum density not to exceed 2.00 <br />units per gross acre of the Property. No multi-family units are approved for <br />the Project. <br />1.9 Configuratl on of Development. The configuration of the Project is <br />recognized, as shown on the approved preliminary plan, copies of which are <br />available in the City of Concord office of Development Services. The Project <br />Plan is subject to revision in accordance with the adequate facilities fees <br />provisions of the Cabarrus County Subdivision Regulations and Cabarrus County <br />Zoning Ordinance, as more fully set forth herei n, and any applicable provisions <br />of the provisions of the City of Concord Unified Development Ordinance (UDO). <br />The Project Plan shall reflect the general location of roads and configuration <br />of lots for the Project as shown on the preliminary plat; subject to revision <br />in accordance with the provisions of The City of Concord Unified Development <br />Ordinance (UDO). <br />1.5 Specific Conditions. The approval and development of this Project is <br />subject to the following conditions as agreed upon by the Developer and County: <br />A) Payment of a fee per single-family lot to advance school <br />adequacy (the "base Adequate Facilities Fee" or "AFF") which may be adjusted <br />annually in accordance with a policy and/or schedule adopted by the Cabarrus <br />County Board of Commissioners (the "Board"). The AFF applicable to this <br />project currently is $4,039.00 per lot and the total AFF for all lots in this <br />Project currently approved is $2, 271, 192.00 (the "Total Project AFF"). <br />B) Except as otherwise authorized in a written payment plan <br />specifically approved by the Board, a copy of which shall be attached hereto as <br />Exhibit B and incorporated herein by reference, the Total Project AFF shall be <br />due and payable upon Final Platting of the current approved Project, or any <br />phase thereof, of prior to the issuance of any building permits, whichever <br />shall first occur. (NO Exhibit B required by this agreement or attached,) <br />2. Summary of..Cabarrus County Determinations Relating to the <br />Project. <br />The Boardof Commissioners of Cabarrus County, acting in its legislative <br />capacity, has made the following determinations with respect to the Project, <br />including all findings of fact and law as are necessary to make each of the <br />following determinations: <br />2,1 County Determinations Relating to the Project. <br />2.1.1 Permit Approvals. The Project has received an approval recommendation, <br />with the conditions staff recommended, on the preliminary plat by action of the <br />City of Concord Planning and Zoning Board taken on April 18, 2006. <br />2.2 Recogni zed: Ri ghts In Hase Adequate Facility Fee. <br />2.2.1 Recognized. Ri ght s. Subject to Section 1.5. A, the Project shall have the <br />right to have the base Adequate Facilities Fee assessed in accordance with the <br />subdivision plats approved and to develop and construct the Project in <br />accordance with the uses, density and general configuration of development <br />described and incorporated in Section 1 under the applicable zoning, <br />~~~ <br />