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<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-pr~perty road improvements, this Consent Agreement shall not
<br />affect any land other than the Property.
<br />
<br />1.3 Approved Us. 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 .98
<br />,units per gross aere of the Property. No multi-family units are approved for
<br />the Project.
<br />
<br />1.4 Configuration of Development. The configuration of .the Project is
<br />recognized, as shown generally on a Project plan, copies of which are attached
<br />hereto as Exhibit A and incorporated herein by this reference (the .project
<br />Plan"). The Project Plan is subject to revision in accordance with the
<br />adequate facilities fees provisions of the CabarrusCounty Subdivision
<br />Regulations and Cabarrus County Zoning Ordinance, as more fully set forth
<br />herein. The Project Plan shall reflect the general location of roads ,and
<br />configuration of lots for the Project as shown on Exhibit A; subject to
<br />revision in accordance with the provisions of The ,Cabarrus County Subdivision
<br />and Zoning Ordinances.
<br />
<br />1.5 SpecificCo~ditions. The approval and development of this Project is
<br />subject to the following conditions as agreed upon by the Developer and
<br />Cabarrus County Board of Commissioners:
<br />
<br />A) Payment of $4,032.00 per single family lot, to advance school
<br />adequacy, which will be adjusted annually for inflation in accordance with a
<br />policy established and adopted from time to time by the Cabarrus County Board
<br />of Commissioners. .Total payment for the current approved Project is $80,640.00.
<br />
<br />B) Payment is to be made at the issuance 'of Building Permitting, or
<br />may be paid in accordance with a written payment plan specifically approved by
<br />CabarrusCounty.
<br />
<br />2. SUIIlIIIary of Cabarrus County Determinations Relating to the
<br />Project.
<br />
<br />The Board of Commissioners of CabarrusCounty, '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 />~ollowing determinations: .'
<br />
<br />2.1 County Determinations Relating to ,the Project.
<br />
<br />2.1.1 Permit Approvals. The Project has received an approval recommendation,
<br />with the conditions staff recommended, on the preliminary plat by action of the
<br />Cabarrus County Planning .and Zoning Commission taken on January 20, 2005.
<br />
<br />2.2 Recognized Riqhts In Base Adequate Facility Fee.
<br />
<br />2.2.1 Recognized Rights. Subject to Section 1.S.A, the Project shall have the
<br />right to have the base Adequate Facilities Fee assessed in accordance with the
<br />subdivision plats approved and to develop and construct the Project in
<br />accordance with the uses, density and general configuration of development
<br />described and incorporated in Section 1 under the applicable zoning,
<br />subdivision, development, growth management, platting, environmental" open
<br />space, transportation and other land use plans, laws and regulations in
<br />existence and effective as of the date of final subdivision ,approval and the
<br />terms and conditions of this Consent Agreement.
<br />
<br />2.2.2 Reserved Legislative Powers.
<br />
<br />2.2.2.0.1
<br />
<br />Future Changes of Lawsan,d Plans; Compelling
<br />Countervailing Public Interest.
<br />
<br />Nothing in this Agreement shall ,limit the future exercise of the pOlice power
<br />of Cabarrus County in enacting zoning, subdivision, development, growth
<br />management, platting, environmental, open s~ace, transportation and other land
<br />use plans, policies, ordinances and regulations, including without limitation,
<br />the enactment of impact fees and the application thereof, after the date of
<br />this Agreement. Any such proposed change affecting the recognized rights of the
<br />Project shall be of general application to all development activity in Cabarrus
<br />County.
<br />
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