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<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 20Q6, no more than 64 lots platted; <br />Calendar year 2007, no more than 67 lots platted; <br />Calendar year 2008, no more than 62 lots platted. <br />No Certificate of Occupancy will be issued for any lot in this subdivision <br />until 2007. <br /> <br />Certificates of Occupancy issued shall not exceed for the year/years <br />identified; <br />Calendar year 2007, no more than 75 Certificates of Occupancy; <br />Calendar year 2008, no more than 75 Certificates of Occupancy; <br />Calendar year 2009, no more than 43 Certificates of Occupancy. <br /> <br />1.2 Leqal DescriPtion of Property. The map description of the land <br />covered by the Project is attached hereto as Bxhibit 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 /> <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, consisting of an overall maximum density not to exceed 4.10 <br />units per gross acre of the Property. No multi~family units are approved for <br />the project. <br /> <br />1.4 Confiquration of Development. The configuration of the project is <br />recognized, as shown on the approveQ preliminary plan, copies of which are <br />available in the Cabarrus County offing of Planning services. The project Plan <br />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 UnifieQ 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 (UDO) <br /> <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 /> <br />A) Payment of a fee per single-family lot to advance school <br />adequacy (the "base Adequate Facilities FeeN or "AFFN) which may be <br />adjusted annually in accordance with a policy and/or schedule adopted by <br />the Cabarrue County Board of Commissioners (the "Board"). 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 app~oved is $778,562.00 (the <br />"Total Project AFF") . <br /> <br />B) Except as otherwise authorized in a written payment plan <br />specifically approved by th~ Board, a copy of which shall be attached hereto as <br />Bxhlbit B and incorporated herein by reference, the Total Project AFF shall be <br />due and payable upon Building Permitting of the current approved Project, or <br />any phase thereof, whichever shall first occur. <br /> <br />2. Summary of qabarrue County Detarminatione Relating to the <br />Project. <br /> <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 />including all findings of fact and law as are necessary to make each of the <br />following determinations: <br /> <br />2.1 <br /> <br />County Determinations Relating to the proiect. <br /> <br />2.1.1 <br />with <br />City <br /> <br />Permit Approvals. The Project has received an approval recommendation, <br />the conditiots staff recommended, on the preliminary plat by action of the <br />of Concord Planning and Zoning Board taken on December 15th ,2005. <br /> <br />2.2 <br /> <br />Recognized Riqhts In Base Adequate Facility Fee. <br /> <br />2.2.1 Recoqnized Rights. Subject to Section 1.5.A, the Project shall have the <br />right to have the base Adequate Facilities Fee assessed in accordance with the <br /> <br />E:-3 <br />