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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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CONSENT AGREEMENT <br />FOR THE CRESCENT APARTMENTS AT KANNAPOL13 DEVELOPMENT <br />FOR CABARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this 17 T" day of December, 2007, by <br />and between Crescent Resources, LLC, with its principal place of business at <br />900 S. Tryon St., Suite 1300, Charlotte, NC 28202, the owner of the project <br />more fully defined below ("Developer") and Cabariua County, North Carolina, a <br />political subdivision of the State of North Carolina, with its principal place <br />of business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, <br />the "County" or "Cabarrus County") by and through its Cabarrus County Board of <br />Commissioners. <br />RECITALS: <br />A. Developer is the owner of approximately +/-58.59 acres of real <br />property located in the City of Kannapolis, and has proposed the development of <br />an apartment project in that location with a maximum of 560 multi-family units, <br />currently known as Crescent Apartments at Kannapolis(the "Project"), to be <br />constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 4 Section 17 and Chapter 15 and <br />to best knowledge of the County, has been reviewed by all public agencies which <br />may potentially serve the Project and its future residents. <br />C. Developer is willing to advance public services and facilities for the <br />Project and to agree to certain other considerations to address Cabarrus County <br />adequate facility standards and advance these services and facilities. <br />D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 <br />to 335, Session Law 2009-39 and the applicable provisions of the Cabarrus <br />County Subdivision Regulations, has made certain determinations with respect to <br />the proposed Project, and, in the exercise of its legislative discretion, has <br />elected to process the Project, resulting in the negotiation, consideration and <br />approval of this Consent Agreement after all necessary hearings. <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br />1. Tha Project <br />1.1 Description of Project. The Crescent Apartments at Kannapolis Project <br />covered by this Consent Agreement consists of a multi-family apartment unit <br />project with a maximum of 580 units located on approximately +/- 58.59 acres in <br />Kannapolis, North Carolina as shown on the approved multi-family conceptual <br />site plan. Any changes in such approval must be approved in accordance with the <br />City of Kannapolis Dnified Development Ordinance (UDO)or its successor in <br />interest. <br />1.1A. Timing and Phasing of Project. Absent a separate agreement by and between <br />the Developer, its successors or assigns, and the County formally approved by <br />the Board subsequent to this Consent Agreement the Developers on its own behalf <br />and that of its successors and assigns, agrees that the first certificate o£ <br />occupancy for any apartment building constructed within the Project shall not <br />be issued prior to January is0, 2009, and that apartment buildings constructed <br />within the Project shall not become available for occupancy (defined as the <br />N-s <br />
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