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number of homes available for occupancy in a subsequent year or years shall include those for a prior year or years, but shall not exceed the cumulative total for the year/years identified); Calendar year 2009, no more than 252 multi-family apartment building permits issued; Calendar year 2010, no more than 64 multi-family apartment building permits issued. Calendar year 2011, no more than 76 multi-family apartment building permits issued. 1.2 Legal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreement by this .reference (the "Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off-property road improvements, this Consent Agreement shall not affect any land other than the Property. 1.3 Approved Use and Density. This Consent Agreement shall recognize, with respect to the Project, the total number of multi-family residential apartment units consisting of an overall maximum density not to exceed 6.75 units per gross acre of the Property. No single family lots are approved for the project. 1.9 Configuration of Development. The configuration of the Project is recognized, as shown on the approved preliminary sketch plan, copies of which are available in the City of Concord Office of Development Services. The Project Plan is subject to revision in accordance with the Adequate Facilities Fee provisions of the Cabarrus County Subdivision Regulations and Cabarrus County Zoning Ordinance, as more fully set forth herein, and any applicable provisions of the provisions of the City of Concord Unified Development Ordinance (UDO). The Project Plan shall reflect the general location of roads and configuration of lots for the Project as shown on the preliminary plat; subject to revision in accordance with the provisions of The City of Concord Unified Development Ordinance (UDO). 1.5 Specific Conditions. The .approval and development of this Project is subject to the following conditions as agreed upon by the Developer and County: A) Payment of a fee per multi-family unit to advance school adequacy (the "base Adequate Facilities Fee" or "AFF") which may be adjusted annually in accordance with a policy and/or schedule adopted by the Cabarrus County Board of Commissioners (the "Board"). The AFF applicable to this project currently is $1,331.00 per unit and the total AFF for all units in this Project currently approved is $598,372.00(the "Total Project AFF"). B) The Total Project AFF is to be paid as provided herein. Immediately prior to the issuance of a building permit for the first building constructed within the Project, the Developer, or any successor in interest, shall pay to the County the Project AFF for 336 units in the about of $447,216.00. Should the developer choose to construct the remaining 76 units in this Project, the Project AFF payment for those 76 units in the amount of $101,156.00 will be due prior to the issuance of a building permit for those 76 units. This payment shall satisfy and discharge the Developer's, or any successor in interest's, obligation to pay the Adequate Facilities Fee and the Total Project AFF relating to the Project. 2. Summary of Cabarrus County Determinations Relating to the Project. The Board of Commissioners of Cabarrus County, acting in its legislative capacity, has made the following determinations with respect to the Project, including all findings of fact and law as are necessary to make each of the following determinations: 2.1 County Determinations Relating to the Project. 2.1.1 Permit Approvals. The Project has received an approval recommendation, with the conditions staff recommended, on the Conditional Use Permit and Conceptual Site Plan by action of the City of Concord Planning and Zoning Board taken on November 21, 2006. The City of Concord issued a grading permit on June 6, 2008. The existing Conditional Use Permit will be active for a period of two (2) years from that date. In addition, if work is to be completed in phases, the two-year period will be extended from the date that the next development permit is issued. 2 Item# 30 Attachment number 2 G_5 Pege 436 of 468