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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.
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<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.
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<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. '
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<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.
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<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.
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<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.
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<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.
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<br />2.1 County Determinations Relating to the Pro1ect.
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<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.
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<br />2.2 Recognized Rights In Base Adequate Facility Fee.
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<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.
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<br />2.2.2 Reserved Legislative Powers.
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<br />2.2.2.0.1
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<br />Future Changes of Laws and Plans; Compelling
<br />Countervailing Public Interest.
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<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.
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<br />2.3 Fees.
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<br />P-B
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