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hereinafter, the total number of which may be accumulated (i, e, the total <br />number of homes available for occupancy in a subsequent year or years shall <br />include those for a prior year or years, but shall not exceed the cumulative <br />total for the yea/years identified); <br />Calendar year 2007, no more than 29 single family lots platted and no more than <br />28 multi-family building permits issued; <br />Calendar year 2008, no more than 28 single family lots platted and no more than <br />18 multi-family building permits issued. <br />1.2 Legal Description of Property. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and incorporated into <br />this Consent Agreement by this reference (the "Property"). No property may be <br />added to the map description for purposes of this Consent Agreement, except by <br />written amendment. Except as expressly set forth in this Agreement with <br />respect to off-property road improvements, this Consent Agreement shall not <br />affect any land other than the Property. <br />1,3 Approved Use and Density. This Consent Agreement shall recognize, with <br />respect to the Project, the total number of subdivided, single family <br />residential lots, and the number of multi-family units consisting of an overall <br />maximum density not to exceed 7.92 units per gross acre of the Property. <br />1.9 Conf iqurati on of Development. The configuration of the Project is <br />recognized, as shown on the approved preliminary plan, copies of which are <br />available in the City of Concord office of Development Services. The Project <br />Plan is subject to revision in accordance with the adequate facilities fees <br />provisions of theCabarrus County Subdivision Regulations and Cabarrus County <br />Zoning Ordinance, as more fully set forth herein, and any applicable provisions <br />of the provisions of the City of Concord Unified Development Ordinance (UDO). <br />The Project Plan Shall reflect the general location of roads and configuration <br />of lots for the Project as shown on the preliminary plat; subject to revision <br />in accordance with the provisions of The City of Concord Unified Development <br />Ordinance (DDO) <br />1.5 Specific Conditions. The approval and development of this Project is <br />subject to the following conditions as agreed upon by the Developer and County: <br />A) Payment of a fee per single-family lot to advance school <br />adequacy (the "base Adequate Facilities Fee" or "AFF") which may be <br />adjusted annually in accordance with a policy and/or schedule adopted by <br />the Cabarrus County Board of Commissioners (the "Hoard"). The AFF <br />applicable to this project currently is $4,034.00 per lot and the total <br />AFF for all lots in this Project currently approved is $229,938.00 (the <br />"Total Project AFF"). <br />B) Payment of a fee per multi-family lot to advance school <br />adequacy (the "base Adequate Facilities Fee" or "AFF") which may be <br />adjusted anhually in accordance with a policy and/or schedule adopted by <br />the Cabarrub County Hoard of Commissioners (the "Board"). The AFF <br />applicable to this project currently is $1,331.00 per lot and the total <br />AFF for al Y!lots in this Project currently approved is $62,557.00 (the <br />"Total Project AFF"), <br />C) Except as otherwise authorized in a written payment plan <br />specifically approved by the Board, a copy of which shall be attached <br />hereto as E~[hibit H and incorporated herein by reference, the Total <br />Project AFF'shall be due and payable upon Final Platting of the current <br />approved Project, or any phase thereof, whichever shall first occur. (No <br />Exhibit B r@qui red by this agreement or attached.) <br />2. Summary of Cabarrus County Determinations Relating tothe <br />Project. <br />The Board pf Commissioners of Cabarrus County, acting in its legislative <br />capacity, has made the following determinations with respect to the Project, <br />including all findings of fact and law as are necessary to make each of the <br />following determihations: <br />2,1 County Determinations Relating to the Project. <br />2.1.1 Permit Approvals. The Project has received an approval recommendati on, <br />with the conditi offs staff recommended, on the preliminary plat by action of the <br />City of Concord Planning and Zoning Board taken on July 17, 2007. <br />2,2 Recognized tights In Base Adequate Facility Fee. <br />G-~ <br />