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<br /> <br /> <br />CONSENT AGREEMENT <br />FOR THE CEDARVALE FARM DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered into as of this 21st day of February, 2005 by <br />and among Pioneer Mill (Charlotte) AlP IV, L.L.P, with its principal place of <br />.business at 923 Pennsylvania Ave, Winter Park, FL 32789 the owners of the <br />project more fully defined below ("Developer") and Cabarrus County, North <br />Carolina, a political subdivision of the State of North Carolina, with its <br />principal .place of business at 65 Church Street, SE, Concord, North Carolina. <br />28025 (hereafter, the . County. or 'Cabarrus CountyW) by and through its <br />Cabarrus County. Board of. Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the .owner of approximately 246 .acres of real property. located <br />in the unincorporated area o.f Cabarrus County, and has proposed the development <br />of a subdivision in that location with a .maximum of 363 single.family lots, <br />currently known as the CedarvaleFarm subdivision project (the "Project"), to <br />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 C.abarrus 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 /> <br />1.1 Description of Project. The Cedarvale Farm Project covered by this <br />Consent Agreement presently consists of a single_family subdivision,presently <br />consisting of 363 single-family lots located on approximately 246 acres in <br />Cabarrus County, North Carolina. At the time of initial approval of the <br />Project, the Project may not exceed 1.48 units per gross acre of the Property, <br />as set forth in Exhibit A,attached to this Agreement and incorporated as if <br />more fully set forth herein. Any changes in such approval must be approved in <br />accordance with theCabarrus County Subdivision and Zoning Ordinances or its <br />successor in interest. . <br /> <br />1.2 Legal Description of Property. The map.descriptionof the land <br />covered by the Project is attached hereto as Exhibit Band incorporated.into <br />this. Consent Agreement by this reference (the. 'PropertyW). No property may be <br /> <br />P"-lo <br /> <br /> <br />