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Ho <br /> <br />Consent Agreement with Cabarrus County regarding payment of adequate <br />facilities fees and agree that annexation of the Subdivision into the City limits <br />shall not negate the obligation to pay such fees. Cabarrus County agrees that the <br />school impactadequate facilities fee for the Morrison Creek Subdivision will be <br />$500 per home, payable at the time of issuance ora certificate of occupancy. This <br />provision does not preclude a later agreement between Cabarrus County and the <br />developer for a conveyance of land in lieu of the fee. <br /> <br />2. Morrison Creek, LLC agrees that it will use Concord Power exclusively <br />for the lots and homes developed in the Morrison Creek Subdivision. <br /> <br />3. Plaintiffs will submit petitions for voluntary annexation of the lots in the <br />Morrison Creek Subdivision into Concord at the same time as applications for <br />final plat approval of each phase of the subdivision are submitted to Cabarrus <br />County for approval, but prior to the conveyance of any lot on any such recorded <br />final plat. The parties agree that the effective date of any ordinance of annexation <br />enacted by Concord upon such petition shall be the latest date allowable under <br />applicable law, up to a maximum of twenty-four months from the date of the <br />adoption of the annexation ordinance. Concord and Plaintiffs agree to work <br />together to seek and to support local legislation authorizing such twenty-four <br />month delayed effective date, notwithstanding any contrary or different provisions <br />of the General Statutes of North Carolina applicable to such petitions for <br />voluntary annexation. <br /> <br />..Due Authorization. Each party warrants to every other party that it has the requisite <br />capacity and authority to enter into and to perform the terms of this mediation agreement <br />and that all actions have been taken necessary to duly authorize the execution and <br />performance of this agreement, subject only to the necessity to obtain the local enabling <br />legislation referred to in item G (3) herein. <br /> <br />Time to Execute This Agreement shall be executed by all parties no later than 5:00 PM <br />on July 9, 2004. <br /> <br />In witness whereof, the parties have executed this agreement this the ...~Phday of July, 2004. <br /> <br />plaintiffs: <br /> <br />J. Robert Morrison <br /> <br />Mary Wh~e Morrison <br /> <br />CHAR2\794977 I <br /> <br /> <br />