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AG 2008 09 22
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AG 2008 09 22
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Last modified
1/28/2010 3:26:01 PM
Creation date
11/27/2017 11:28:59 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
1/28/2010
Board
Board of Commissioners
Meeting Type
Regular
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CONSENT AGREEMENT <br />FOR THE CRESCENT HEIGHTS DEVELOPMENT <br />FOR CABARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this 15th of September, 2008 by and <br />among Curry Architecture, LLC, with its principal place of business at 471 High <br />Street NE, Suite 10, Salem, OR 97301, the owners of the project more fully <br />defined below ("DEVELOPER") and Cabarrus 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, 28026 (hereafter, <br />the "County" or "Cabarrus County") by and through its Cabarrus County Board of <br />Commissioners. <br />RECITALS: <br />A. Developer is the owner of approximately +/- 4.981 acres of real <br />property located in Cabarrus County, and has proposed the development of a <br />subdivision in that location with a maximum of 118 residential apartment units, <br />currently known as the Crescent Heights project (the "Project"), to be <br />constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 4 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 <br />the Project and to agree to certain other considerations to address Cabarrus <br />County adequate facility standards and advance these services and facilities. <br />D. Cabarrus County, acting pursuant to its authority under G.S. 153A- <br />330 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 />1. The Project. <br />1.1 Description of Project. The Crescent Heights Project covered by this <br />Consent Agreement consists of a multi-family apartment project with 118 units <br />located on approximately +/- 4.481 acres in the City of Concord, North Carolina <br />and has a density not to exceed 3.80 as shown on the technical site plan. Any <br />changes in such approval must be approved in accordance with the Cabarrus <br />County Zoning Ordinance or its successor in interest. <br />1.1A Timinq 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 (their) successors and assigns, agrees that homes within the <br />Project shall become available for occupancy upon the rate, time frame, or <br />schedule set forth hereinafter, the total number of which may be accumulated <br />(i.e. the total number of homes available for occupancy in a subsequent year or <br />Item# 26 <br />Attachment number 2 <br />Page 145 of 199 <br />
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