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<br />CONSENT AGREEMENT <br />FOR THE Brookdale Townhomes DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered into as of this 19th day of December, by and <br />among Mega Builders, LLC, with its principal place of business at 529 College <br />Road Suite G, Greensboro, NC 27410 the owners of the project more fully defined <br />below ("Developer") and Cabarrus County, North Carolina, a political <br />subdivision of the State of North Carolina, with its principal place of <br />business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, the <br />"county" or "Cabarrus CountyU) by and through its cabarrus County Board of <br />Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 8.63 acres of real property <br />located in the Town of Harrisburg, Cabarrus county, and has proposed the <br />development of a townhome project in that location with a maximum of 72 multi- <br />family units, currently known as the Brookdale Townhomes project (the <br />"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. 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 />1. The project <br /> <br />1.1 Description of Proiect. The Brookdale Townhomes project covered by this <br />Consent Agreement consists of a multi-family townhome unit project with 72 <br />units located on approximately 08.63 acres in Town of Harrisburg, North <br />Carolina and has a density not to exceed 8.30 as set forth in Exhibit A, <br />attached to this Agreement and incorporated as if more fully set forth herein. <br />Any changes in such approval must be approved in accordance with the Town of <br />Harrisburg Unified Development Ordinance (UDO) its successor in interest. <br /> <br />l.lA. Timinq and Phasing of Project. 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 townhomes 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 /> <br />/wi -5 <br />