AG 2007 03 26 - Laserfiche WebLink

Home Browse Search

CONSENT AGREEMENT FOR THE MELBOURNE DEVELOPMENT FOR CABARRU3 COUNTY THIS CONB&NT AGR&&N&NT is entered into as of the 26`" day of March, 2007, by and among Trinity Church, LLC, with its principal place of business at 17810 Statesville Road, Suite 211, Cornelius, NC 20031, the owners of the project more fully defined below ("Developer") and Cabarrus County, North Cazolins; 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 +/-129.69 acres of real property located in the City of Kannapolis, Cabarrus County, and has proposed the development of a sutidi vision in that location with a maximum of 128 single- family lots, currently known as the Melbourne subdivision project (the "Project"), to be constructed in multiple phases. B. The Proj eCt is subject to the Adequate Facilities Provisions of the Cabarrus County Subdivision Ordinance, Chapter 4 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. atldress Cabarrus County adequate facility Standards and atlvange 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 mdde certain determinations with respect to the proposed Project, and, in the exercise of its legislative discretion, has elected to process the Proj ec~, resulting in the negotiation, consideration and approval of this Consent Agreement after all necessary hearings. CABARRU3 ~"OUNTY AND THE DEVELOPER HERESY AGREE A9 FOLLOWS: 1. Tha Project 1.1 Description of Project. The Melbourne Project covered by this Consent Agreement consists of a single-family subdivision with 120 lots located on approximately +/-129.69 acres in Kannapolis, North Carolina and has a density not to exceed .907 'as .shown on the approved preliminary subdivision plat. Any changes in such approval must be approved in accordance with the City of Kannapolis UnifiedDevelopment Ordinance (UDO) or its successor in interest. 1. 1A. Timing and Phasing of Project. Absent a separate agreement by and between Developers, its or a heir successors or assigns, and the County formally approved by the Board subsequent to .this Consent Agreement, Developers, on its (their) own behalf land 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 G~q