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<br />CONSENT AGREEMENT <br />FOR THE Woods at Winecoff DEVELOPMENT <br />FOR .CABARROS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered into as of this day of , by <br />and among Danny-G. Bost, LLC. with its principal place of business at P.O. Box <br />1111, Concord, Ne 28026-0706 the owners of the project more fully defined below <br />("Oeveloper") and Cabarrus County, North Carolina, a political subdivision of <br />the State of North Carolina, with its principal place of business at 65 Church <br />Street, SE, Concord, North Carolina 28025 (hereafter, the "County" or "Cabarrus <br />Countyh) by and through its Cabarrus County Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 31.38 acres of real property <br />located in the City of Concord, Cabarrus County, and has proposed the <br />development of a subdivision in that location with a maximum of 99 single <br />family lots, currently known as the The Woods at Winecoff subdivision project <br />(the "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. 1S3A~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 proiect. The The Woods at Winecoff project covered by <br />this Consent Agreement.consists ofasingle~family subdivision with 99 lots <br />located on approximately 31.38 acres in City of Concord, North Carolina and has <br />.a density not exceed 3.15 as Shown on the approved preliminary subdivision <br />plan. Any changes in such approval must be approved in accordance with the City <br />of Concord Unified Development Ordinance (UDOj or its successor in interest. <br /> <br />1.2 Leqal DescriPtion of Property. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and incorporated into <br />this Consent Agreement by this reference (the "Property"). No property may be <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~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 3.15 <br /> <br />t- , <br />