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<br />CONSENT AGREEMENT <br />FOR THE CASTLE BROOKE MANOR DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered Into as of this 18TH day of December, 2006, by <br />and among Triune Development, LLC with its prinCIpal place of business at 711 <br />Channing Circle Concord, NC 28027, the owners of the proJect more fully defined <br />below ("Developer") and Cabarrus County, North Carolina, a politIcal <br />subdivision of the State of North Carolina, with its prIncipal place of <br />business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, the <br />"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 +/-108.247 acres of real <br />property located in the City of Kannapolis, Cabarrus County, and has proposed <br />the development of a subdivision in that location wIth a maximum of 70 single <br />family lots, currently known as the Castlebrooke Manor subdivision project (the <br />"Project"), to be constructed in multiple phases. <br /> <br />B. The ProJect is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision 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 agree to certain other considerations to address Cabarrus County <br />adequate facility standards and advance these services and faCIlities. <br /> <br />D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 <br />to 335, and the applicable prOVIsions of the Cabarrus County Subdivision <br />Regulations, has made certaIn determinations with respect to the proposed <br />Project, and, in the exercise of its legislative discretion, has elected to <br />process the Project, resulting in the negotIation, consIderation and approval <br />of this Consent Agreement 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 Project. The Castlebrooke Manor Project covered by this <br />Consent Agreement consists of a single-family subdivision with 70 lots located <br />on approximately +/-108.247 acres in Kannapolis, North Carolina and has a <br />density not to exceed 1.55 as shown on the approved preliminary subdivis~on <br />plan. Any changes in such approval must be approved in accordance with the City <br />of Kannapolis Unified Development Ordinance (UDO) or its successor in interest. <br /> <br />1.1A. Timing and Phasing of Prcject. Absent a separate agreement by and between <br />Landowners/Developers, 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 />s-~ <br />