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<br /> <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 .63 <br />units per gross acre 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 Specific Conc1itions., 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 $1,008.00 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 $59,472.00. <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 />Cabarrus County. <br /> <br />2. Summary of Cabarrus County Determinations 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 County Determinations Relating to the Pro1ect. <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 Rights In Base Adequate Facility Fee. <br /> <br />2.2.1 Recognized 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 />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 Laws and 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 space, 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 /> <br />2.3 Fees. <br /> <br />P-B <br />