AG 2007 12 17 - Laserfiche WebLink

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issuance of a certificate of occupancy for the apartment building) any sooner than the rate, time frame or schedule set forth below in subparagraph A, the total number of which may be accumulated (1. e., the total number of apartment buildings available for occupancy in a subsequent year or years shall include those for a prior year or years, but shall not exceed the cumulative total for the year/years identified). Calendar Year 2009, no more than 290 building permits issued; Calendar Year 2010, no more than 290 building permits issued. Notwithstanding anything contained herein to the contrary, the Developer may construct apartment buildings within the Project at a slower pace than the schedule set out above, and the Developer is not obligated to construct any of the apartment buildings planned for the Project, 1.2 Legal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreement by this reference (the "Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. 1.3 Approved Use and Density, This Consent Agreement shall recognize, with respect to the Project, the total maximum number of multi-family residential units, which is 580, consisting of an overall maximum density of 9.9 units for the Property. No single family units are approved for this Project. 1.9 Configuration of Development [Intentionally Deleted by the Parties] 1.5 Specific Conditions. The approval and development of this Project is subject to the following conditions as agreed upon by the Developer and County: A) The payment of $1,331 per multi-family apartment unit to the County, to advance school adequacy (the "Adequate Facilities Fee" The total maximum payment for all apartment units in the Project (in the event that all of the planned apartment units are actually constructed) shall be $771,980,00 (the "Total Project AFF"). H) Except as otherwise authorized in a written payment plan specifically approved by the Board, a copy of which shall be attached hereto as Exhibit B and incorporated herein by reference, the Total Project AFF shall be due and payable prior to the issuance of building permitting of the current approved Proj ect, or any phase thereof, whichever shall first occur. The developer has agreed to pay for all 280 units up front and in full, prior to the issuance of any building permits in 2009. The developer has agreed to pay for all 280 units up front and in full, prior to the issuance of any building permits in 2010. (NO Exhibit B required by this agreement or attached.) 2. Summary of Cabarrua County Determinations Relating to the Project. The Board of Commissioners of Cabarrus County, acting in its legl sl ative capacity, has made the following determinations with respect to the Project, including all findings of fact and law as are necessary to make each of the following determinations: 2.1 County Determinations Rel atinq to the Project. 2.1.1 Permit Approvals. The Project has received an approval recommendation, with the conditions staff recommended, on the Conditional Use Permit and the Multi-family Conceptual Site Plan by action of the City of Kannapolis Planning and Zoning Board ~ta ken on July 5, 2006. The Multi-family Conceptual Site Plan was revised and approved on February 7, 2007 by the City of Kannapolis Planning and Zoning Board.. 2.2 Recognized Rights In Adequate Facilities Fee. 2.2.1 Recognized Aights. The Adequate Facilities Fee assessed against the Project shall be in the amount specified in Section 1.SA hereof, and the Developer and its successors and assigns, shall have the right to develop and construct the Project in accordance with the uses and density described in Section 1.3 hereof.. 2.2.2 Reserved Legislative Powers. ~'J