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<br />CONSENT AGREEMENT <br />FOR THE Christenbury FarmB DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGRBBMBNT {bareafter, Bometimes MConsent Agreement" and sometimes <br />~AgreementH)iB entered into as of this ____ day of December, 2005 by and <br />between Clarke Creek Land Company, LLC, a North Carolina limited liability <br />company with its principal place of business at 1910 South Boulevard, Suite <br />200, Charlotte, NC 28203 (hereafter, ~Land Owner"), owner of the Property <br />(defined below), and Cabarrus county, Horth Carolina, a political subdivision <br />of the State of North Carolina, with its principal place of business at 65 <br />Church Street, SE, Concord, North Carolina 28025 (hereafter, the "County" or <br />"Cabarrus county") by and through its Cabarrus county Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. The property has been approved for development of a multi-phased <br />subdivision with a maximum of four hundred seventy-seven (477) single family <br />lots and multi-family units, currently known as the Christenbury, Villages A, <br />B, C, D project (the "Project"), and a commercial village (hereafter, the <br />"Commercial Village"). The portion of the Property within which the project is <br />to be located is hereafter referred to as the "Project property. <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. Land Owner is willing to provide for advancement of public services <br />and facilities for the project and to agree to certain other considerations to <br />address Cabarrus County adequate facility standards and provide for advancement <br />of 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 Project covered by this Consent Agreement <br />consists of a single-family and multi-family subdivision with a maximum of four <br />hundred seventy-seven (4??) lots located on approximately 236.809 (total of <br />254.909 acres, less 18.1 acres Commercial Village) acres in City of Concord, <br />North Carolina as shown on the approved preliminary subdivision plan <br />(hereafter, the "preliminary Plan"). Any changes in such approval must be <br />approved in accordance with the City of Concord Unified Development Ordinance <br />(UDO) or its successor ordinance. Land Owner does not expect to develop any <br />portion of the Project. However, entities engaged in the business of developing <br />residential building lots are interested in acquiring from Land Owner <br />undeveloped tracts within the Project and developing on those tracts <br />residential building lots. Furthermore, to Land Owner's knowledge, homebuilders <br />anticipating the purchase of residential building lots from said residential <br />lot developers expect homes within the Project to become available for sale to <br />the public on the following general time frame: <br />2006, on the order of one hundred (100) homes; <br />2007, on the order of one hundred twenty (120) <br />2008, on the order of one hundred twenty (120) <br />2009, on the order of one hundred twenty (120) <br />2010, on the order of twenty (20) homes; <br /> <br />homes; <br />homes; <br />homes; <br /> <br />and <br /> <br />)-1- &, <br />