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<br />CONSENT AGREEMENT <br />FOR THE Portrait Homes DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGRBEMENT is entered into as of this 19th day of December, by and <br />among Portrait Homes, with its principal place of business at I <br />the owners of the project more fully defined below ("Developer") <br />and Cabarrus County, North Carolina, a political subdivision of the State of <br />North Carolina, with its principal place of business at 65 Church Street, SE, <br />concord, North Carolina 28025 (hereafter, the "County" or "Caharrus County") by <br />and through its Cabarrus county Board of commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately, , acres of real <br />property located in cabarrus county, and has proposed the development of a <br />subdivision in that location with a maximum of multi-family unit lots, <br />currently known as the Portrait Homes 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 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 /> <br />1. The Project <br /> <br />1.1 DescriPtion of Proiect. The Portrait Homes project covered by this <br />Consent Agreement consists of a multi-family unit subdivision with an unknown <br />number lots located on approximately, ' acres in Cabarrus County, <br />North Carolina and has an unknown density not to exceed, as set forth in <br />Exhibit A, attached to this Agreement and incorporated as if more fully set <br />forth herein. Any changes in such approval must be approved in accordance with <br />the Cabarrus County zoning and Subdivision ordinance its successor in interest. <br /> <br />1. lA. Timinq and Phasinq of Pro; ect . Absent a separate agreement by and <br />between Landowners/Developers, its or their successors or assigns, and the <br />county formally approved by the Board subsequent to this Consent Agreement, <br />Landowners/Developers, on its (their) own behalf and that of its (their) <br />successors and assigns, agree that homes within the project shall become <br />available for occupancy upon the rate, time frame, or schedule set forth <br />hereinafter, the total number of which may be accumulated (i.e. the total <br />number of homes available for occupancy in a subsequent year or years shall <br /> <br />G-J 5 <br />