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<br />CONSENT AGREEMENT <br />FOR THE Brookeside (Name to be changed) DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered into as of this 20th day of December, by and <br />among Touche, LLC, with its principal place of business at Post Office Box 475, <br />Harrisburg NC 28075 the owners of the project more fUlly defined below <br />("Developer") and Cabarrus County, North Carolina, a political subdivision of. <br />the State of North Carolina, with its principal place of business at 65 Church <br />Street, SE, Concord, North Carolina 28025 (hereafter, the "County" or "Cabarrus <br />County") by and through its Cabarrus County Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 102.11 acres of real property <br />located in the Town of Harrisburg, Cabarrus County, and has proposed the <br />development of a subdivision in that location with a maximum of 154 single <br />family lots, currently known as the Brookeside (Name to be changed) subdivision <br />proj ect.( the "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 underG.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 .nego.tiation, considera.tion 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 Project. The Brookeside (Name to be changed) Project <br />covered by this Consent Agreement consists of a single-family subdivision with <br />.154 lots located on approximately .102.11 acres in Harrisburg, North Carolina <br />and has a density not exceed 1.50 as Shown on the approved preliminary <br />subdivision plan. Any changes .in such approval must be approved in accordance <br />with the Town of Harrisburg Unified Development Ordinance (UDO) or its <br />successor in interest. <br /> <br />1.2 Legal Description of Property. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and incorporated into' <br />this Consent. Agreement by this reference (the "Property"). No property may be <br />added to the map description for purposes of this Consent Agreement, except by <br />written amendment. Except as expressly set forth in this Agreement with <br />respect to off-property road improvements, this Consent Agreement shall not <br />affect any land other than the Property. <br /> <br />..-i- <br />":" <br /> <br />1=-4- <br />