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<br />CONSENT AGREEMENT <br />FOR THE FULLERTON PLACE DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREE~NT is entered into as of this 11th day of July, by and among <br />Lennar Carolinas, LLC, with its principal place of business at 14120 Ballantyne <br />Corporate Place, Suite 475, Charlotte, NC 28277, the owners of the project <br />more fully defined, below ("Developer") and Cabarrus 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 /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 67.76+/- acres of real <br />property located in Cabarru5 County, and has proposed the development of a <br />subdivision in that location with a maximum of 201 single family lots, <br />currently known as FULLERTON PLACE (the "Project"), to be constructed in <br />multiple phases. <br /> <br />B. The Proje~t is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Su~division Ordinance, Chapter 4 Section 17, and to best <br />knowledge of the County, has been reviewed by all public agencies which may <br />potentially serve the Project and its future residents. <br /> <br />C. Developer is willing to advance public services and facilities for the <br />Project and to agr~e to certain other considerations to address Cabarrus County <br />adequate facility ~tandards and advance these services and facilities. <br /> <br />D. Cabarrus qounty, acting pursuant to its authority under G.S. 153A-330 <br />to 335, and the ap~licable provisions of the Cabarrus County Subdivision <br />Regulations, has made certain determinations with respect to the proposed <br />Project, and, in tOe exercise of its legislative discretion, has elected to <br />process the Project, resulting in the negotiation, consideration and approval <br />of this Consent Ag~eement after all necessary hearings. <br /> <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br /> <br />1. The Project <br /> <br />1.1 Description of Prolect, The Fullerton Place Project covered by this <br />Consent Agreement Gonsists of a single family subdivision with 201 lots located <br />on approximately 6~.76+/- acres in Concord, North Carolina as shown on the <br />approved preliminary subdivision plan. Any changes in such approval must be <br />approved in accord~nce with the City of Concord Unified Development Ordinance <br />(UDO)its successor iin interest. <br /> <br />1.lA. Timinq and Phasinq of Prolect. Absent a separate agreement by and between <br />Landowners/Develop~rs, its or their successors or assigns, and the County <br />formally approved by the Board subsequent to this Consent Agreement, <br />Landowners/Developers, on its (their) own behalf and that of its (their) <br />successors and assigns, agree that homes within the Project shall become <br />available for occupancy upon the rate, time frame, or schedule set forth <br />hereinafter, the total number of which may be accumulated (i.e, the total <br />number of homes available for occupancy In a subsequent year or years shall <br /> <br />~..~ <br />