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CONSENT AGREEMENT FOR THE MILLS AT ROCKY RIVER DEVELOPMENT FOR CABARRUS COUNTY THIS CON3ENT AGREEMENT is entered into as of this 15`" day of October, 2007 by and among Crosswinds At Rocky River, LLC c/o Grace Development Corporation, LLC, with its principal place of business at 7719 Matthews-Mint Hill Road, Charlotte, North Carolina, 28227, 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 +532 acres of real property located in Cabarrus County, and has proposed the development of a subdivision in that location with a maximum of 830 single-family lots and 370 multi-family units, currently known as The Mills at Rocky River 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 Chapter 15, 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, Session Law 2009-39 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 A3 FOLLOWS: 1. The Project 1.1 Description of Project. The Mills at Rocky River Project covered by this Consent Agreement consists of a single-family and multi-family unit subdivision with 1200 units located on approximately +532 acres in Cabarrus County, North Carolina and has a density not to exceed 2.25 as set forth in Exhibit A, attached to this Agreement and incorporated as if more fully set forth herein. Any changes in such approval must be approved in accordance with the City of Concord Unified Development Ordinance or its successor in interest. 1.1A. Timing and Phasing of Project. Absent Developer, its successors or assigns, and Board subsequent to this Consent Agreement that of its successors and assigns, agrees become available for occupancy upon the rat hereinafter, the total number of which a separate agreement by and between the County formally approved by the Developer, on its own behalf and that homes within the Project shall e, time frame, or schedule set forth may be accumulated (i.e. the total G-9