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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 year/years identified); <br />Calendar year 2007, no more than 163 lots platted; <br />Calendar year 2008, no more than 200 lots platted; <br />Calendar year 2009, no more than 150 lots platted; <br />Calendar year 2010, no more than 150 lots platted; <br />Calendar year 2011, no more than 200 lots platted; <br />Calendar year 2012, no more than 100 lots platted; <br />Calendar year 2013, no more than 176 lots platted. <br />The parties had Previously agreed in June, 2007 to allow the Developer to plat <br />61 lots in 2007 as the parties worked toward an agreement for the Developer to <br />convey to the County land within the Project sufficient for an elementary <br />school in return for an amount of credit against the AEF as defined in Section <br />1.5 below and as more specifically provided in Section 2.3.9 below. These 61 <br />lots are not included in the total of 163 lots approved for Calendar Year 2007, <br />but AFF is due acid owing for 17 of these lots as provided below. <br />1.2 Legal Des cniption 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 and <br />multi-family units, consisting of an overall maximum density not to exceed 2.25 <br />units per gross acre of the Property, <br />1.9 Configuration of Development. The configuration of the Project is <br />recognized, as shown generally on the 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 the Cabarrus 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 Planning and Zoning Ordinance, The <br />Project Plan shall reflect the general location of roads and configuration of <br />lots for the Project as shown on the preliminary plat; subject to revision in <br />accordance with the provisions of The City of Concord Unified Development <br />Ordinance <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 <br />Cabarrus County Board of Commissioners: <br />A) Payment of a fee per single-family unit lots to advance <br />school adequacy (the "base Adequate Facilities Fee" or "AFF") which may be <br />adjusted annually in accordance with a policy and/or schedule adopted by the <br />Cabarrus County Board of Commissioners (the "Board"). The AFF applicable to <br />this project currently is $9,039.00 per lot and the total AFF for all lots in <br />this Project currently approved is $3,170,729.00 (the "Total Project AFF"). <br />B) Payment of a fee per multi-family unit to advance school <br />adequacy (the "base Adequate Facilities Fee" or "AFF"1 which may be adjusted <br />annually in accordance with a policy and/or schedule adopted by the Cabarrus <br />County Board of. Commissioners (the "Board"). The AFF applicable to this <br />project currently 1s $1,331.00 per unit and the total AFF for all units in this <br />Project currently approved is $992,970.00 (the "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 hereto as <br />Exhibit B and SnCorporat ed herein by reference, the Total Project AFF shall be <br />due and payable '.at site plan approval or final plat approval of the current <br />approved Project, or any phase thereof, whichever shall first occur based on <br />Section 2.3.9 Credit for School Site Donation. (NO Exhibit B attached) <br />2. Summary o£ C,abarrua County Determinations Relating to the <br />Project. <br />The Board of Commissioners of Cabarrus County, acting in its legislative <br />capacity, has made the following determinations with respect to the Project, <br />G-~- <br />