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CONSENT AGREEMENT FOR THE POINTE AT ST. ANDREWS DEVELOPMENT FOR CABARRUS COUNTY THIS CONSENT AGREEMENT is entered into as of this 19th day of February, 2007, by and among TWAM, LLC, with its principal place of business at P. O. Hox 1111, Concord, NC 20026-1111, the owners of the project more fully defined below ("Developer") and Cabarrus County, North Carolina, a political subdivision of the State of North Carolina, with its principal place of business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, the "County" or "Cabarrus County") by and through its Cabarrus County Board of Commissioners. RECITALS: A. Developer is the owner of approximately +/-13.6 acres of real property located in Cabarrus County, and has proposed the development of a subdivision in that location with a maximum of 92 single family lots, currently known as The Pointe at St. Andrews subdivision project (the "Project"), to be constructed in multiple phases. B. The Project is subject to the Adequate Facilities Provisions of the Cabarrus County Subdivision Ordinance, Chapter 9 Section 17, and to best knowledge of the County, has been reviewed by all public agencies which may potentially serve the Project and its future residents. C. Developer is willing to advance public services and facilities for the Project and to agree to certain other considerations to address Cabarrus County adequate facility standards and advance these services and facilities. D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 to 335, and the applicable provisions of the Cabarrus County Subdivision Regulations, has made certain determinations with respect to the proposed Project, and, in the exercise of its legislative discretion, has elected to process the Project, resulting in the negotiation, consideration and approval of this Consent Agreement after all necessary hearings. CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. The Project 1.1 Description of Project. The Pointe at St. Andrews Project covered by this Consent Agreement consists of a single family subdivision with 92 lots located on approximately +/-13.6 acres in Cabarrus County, North Carolina and has a density not to exceed 3.00 as shown on the approved preliminary subdivision plat. Any changes in such approval must be approved in accordance with the Cabarrus County Zoning. Ordinance or its successor in interest. 1.1A. Timing and Phasing of Project. Absent a separate agreement by and between Landowners/Developers, its or their successors or assigns, and the County formally approved by the Board subsequent to this Consent Agreement, Landowners/Developers, on its (their) own behalf and that of its (their) successors and assigns, agree that homes within the Project shall become available for occupancy upon the rate, time frame, or schedule set forth hereinafter, the total number of which may be accumulated (i.e. the total number of homes available for occupancy in a subsequent year or years shall G -'1