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<br />1.3 Approved Use and Density. This Consent Agreement shall vest, with respect to <br />the Project, the total number of units which were approved by the City of Kannapolis Planning <br />and Zoning Commission on September 1, 2004, as supplemented by those text amendments <br />approved by the City of Kannapolis Planning and Zoning Commission on September 27, 2004. <br /> <br />1.4 Confiquration of Development. The configuration of the Project is vested, as <br />shown generally on a project plan, copies of which are attached hereto as Exhibit Band <br />incorporated herein by this reference (the "Project Plan"); the Project Plan is subject to revision <br />in accordance with the provisions of the City of Kannapolis Unified Development Ordinance. <br /> <br />1.5 Specific Conditions. Developer and the Cabarrus County Board of Commissioners <br />hereby agree as follows: <br /> <br />A) <br /> <br />Developer shall pay to County $1008.00 per single family lot in order to address <br />adequacy of public facilities serving the Project. Developer's contribution of such <br />payments is made voluntarily in consideration of County's covenants herein and <br />is not an agreement by Developer that it is subject to the adequate public <br />facilities requirements of County. County acknowledges and agrees that the <br />Project has vested rights to proceed as approved and that no additional or <br />further fees addressing adequacy of public facilities are now or shall in the future <br />be applicable to the Project. <br /> <br />B) <br /> <br />Payment is to be made at the issuance of Building Permitting. Total payment for <br />the Project will be determined at time of final platting. <br /> <br />2. <br /> <br />Summary of Cabarrus County Determinations Relating to the Project. <br /> <br />The Board of Commissioners of Cabarrus County, acting in its legislative capacity, has <br />made the following determinations with respect to the Project, including all findings of fact and <br />law as are necessary to make each of the following determinations: <br /> <br />2.1 <br /> <br />County Determinations Relating to the Proiect. <br /> <br />2.1.1 Permit Approvals. The Project has been approved unanimously by the <br />City of Kannapolis Planning and Zoning Commission on September 1, <br />2004 upon application for conditional use rezoning based on a site- <br />specific development plan, as supplemented by those text amendments <br />approved by the City of Kannapolis Planning and Zoning Commission on <br />September 27, 2004. Said applications were submitted on August 2, 2004 <br />and said approvals relate back to the date of submission. <br /> <br />2.2 <br /> <br />Vested Rights and Reserved Leqislative Powers. <br /> <br />2.2.1 Vested Riqhts. Subject to Section 2.2.2, the Project shall have the vested <br />right to have subdivision plats approved and to develop and construct the <br />Project in accordance with the uses, density and general configuration of <br /> <br />2 <br /> <br />a- <br />