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CONSENT AGREEMENT FOR THE GLK GROUP, LLC, BOY SCOUT CAMP ROAD SUBDIVISION DEVELOPMENT, FOR CABARRUS COUNTY This Consent Agreement is entered into as of this - day of October, 2004, by and among GLK Group, LLC, or assigns, ("Developer") the owners of the Project and Cabarrus County, a political subdivision of the State of North Carolina, by and through its Cabarrus County Board of Commissioners ('County"). RECITALS: A. Developer is the owner of or has under contract to purchase approximately 202 acres of real property located on Boy Scout Camp Road in the City of Kannapolis, Cabarrus County, and has planned the development of a mixed-use subdivision with residential, commercial and retail development (the "Project"), to be constructed in multiple phases. B. The Project is not subject to the Adequate Facilities Provisions of the Cabarrus County Subdivision Requlations, Section 66-81, because as of August 2, 2004, the date the application for conditional use rezoning approval for the Project was submitted to the applicable planning and zoning authority, the aforesaid Adequate Facilities Provisions were not applicable to projects inside the limits of the City of Kannapolis. The Project has been reviewed by all public agencies which may potentially serve the project and its future residents. C. Notwithstanding the foregoing, Developer has publicly committed to "being a part of the solution" to the facilities needs issues of the County, and therefore is willing to contribute certain sums to County in consideration of the covenants of the County herein. D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 to 335, and the Subdivision Requlations, has made certain determinations with respect to the proposed Project, and, in the exercise of its legislative discretion, has elected to process the Project, resulting in the negotiation, consideration and approval of this Consent Agreement after all necessary hearings. CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. The Project 1.1 Description of Proiect. The Project covered by this Consent Agreement is described in Paragraph A above. Any chanqes must be in accordance with the City of Kannapolis Unified Development Ordinance. 1.2 Leqal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit A and incorporated into this Consent Agreement by this reference (the "Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with respect to off-property road improvements, this Consent Agreement shall not affect any land other than the Property. 1 a-