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AG 2008 07 21
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AG 2008 07 21
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Last modified
2/1/2009 12:19:55 PM
Creation date
11/27/2017 11:28:37 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/21/2008
Board
Board of Commissioners
Meeting Type
Regular
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CONSENT AGREEMENT <br />FOR THE PRESTON RIDGE DEVELOPMENT <br />FOR CABARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this 21" day of July, 2008 by and <br />among Weddington Road Properties, LLC, with its principal place of business at <br />P.O Box 1229, Wilmington, NC 26901, the owners of the project more fully <br />defined below ("Developer"j and Cabarrve County, North Carolina, a political <br />subdivision of the State of North Carolina, with its principal place of <br />business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, the <br />"County" or "Cabarrus County") by and through its Cabarrus County Board of <br />Commissioners. <br />RECITALS: <br />A. Developer is the owner of approximately +/-99.791 acres of real <br />property located in the City of Concord, Cabarrus County, and has proposed the <br />development of a subdivision in that location with a maximum of 912 multi- <br />family apartment units, currently known as the Preston Ridge subdivision <br />project (the "Project"), to be constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 9 Section 17 and Chapter 15, and <br />to best knowledge of the County, has been reviewed by all public agencies which <br />may potentially serve the Project and its future residents. <br />C. Developer is willing to advance public services and facilities for the <br />Project and to agree to certain other considerations to address Cabarrus County <br />adequate facility standards and advance these services and facilities. <br />D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 <br />to 335, Session Law 2004-39 and the applicable provisions of the Cabarrus <br />County Subdivision Regulations, has made certain determinations with respect to <br />the proposed Project, and, in the exercise of its legislative discretion, has <br />elected to process the Project, resulting in the negotiation, consideration and <br />approval of this Consent Agreement after all necessary hearings. <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br />The Project. <br />1.1 Description of Project. The Preston Ridge Project Covered by this <br />Consent Agreement consists of a multi-family apartment project with 912 units <br />located on approximately +/-99.791 acres in Concord, North Carolina and has a <br />density not to exceed 8.27 as shown on the approved preliminary conceptual site <br />plan. Any changes in such approval must be approved in accordance with the City <br />of Concord Unified Development Ordinance (UDO) or its successor in interest. <br />1. 1A. Timing and Phasing of Project. Absent a separate agreement by and between <br />Developer, its successors or assigns, and the County formally approved by the <br />Board subsequent to this Consent Agreement, Developer, on its own behalf and <br />that of its successors and assigns, agrees that homes within the Project shall <br />become available for occupancy upon the rate, time frame, or schedule set forth <br />hereinafter, the total number of which may be accumulated (i.e. the total <br />G-'~ <br />
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