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<br />November 7, 2005 - Recessed Meeting/Work Session
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<br />389
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<br />(i) By the end of calendar year 2007, no more than 58 certificates
<br />of occupancy may have been issued.
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<br />(ii) By the end of calendar year 2008, no more than 116 certificates
<br />of occupancy may have been issued.
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<br />(iii) By the end of calendar year 2009, no more than 174
<br />certificates of occupancy may have been issued.
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<br />(iv) By the end of calendar year 2010, no more than 232 certificates
<br />of occupancy may have been issued.
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<br />(v) By the end of calendar year 2011, no more than 292 certificates
<br />of occupancy may have been issued.
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<br />3. Within three (3) days of approval of the Application and Plat,
<br />Orleans shall enter into a consent agreement with the County pursuant to
<br />which Orleans, or any successor in interest, shall agree to pay a $4,034 per
<br />lot fee to the County to advance school adequacy. The $4,034 per lot fee
<br />shall be paid to the County as follows:
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<br />(a) Contemporaneously with the recordation of a final plat for any phase of
<br />the Proposed Subdivision, Orleans, or any successor in interest, shall pay to
<br />the County an amount equal to the product of the number of lots platted on
<br />the relevant final plat and the $4,034 per lot fee. For example, if a
<br />recorded final plat contains fifty (50) lots, then the aggregate school
<br />adequacy fee payable to the County upon the recordation of such final plat
<br />shall be $201,700.
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<br />(b) Orleans, or any successor in interest, shall not be obligated to pay
<br />the per lot fee for any lot that has not been platted on a recorded final
<br />plat.
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<br />A copy of the consent agreement to be entered into by Orleans and the County
<br />is attached hereto as Exhibit B and incorporated herein by reference.
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<br />4. The Plat and any subsequent modifications thereto shall be processed
<br />in accordance with the Subdivision Ordinance and the Zoning Ordinance as they
<br />existed on December 20, 2004, and, except as otherwise provided herein, all
<br />policies in effect as of December 20, 2004.
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<br />5. The development of the Proposed Subdivision (including the
<br />individual lots located therein) on the subdivision Parcel shall be governed
<br />by the Subdivision Ordinance and the Zoning Ordinance as they existed on
<br />December 20, 2004, and, except as otherwise provided herein, all policies in
<br />effect as of December 20, 2004. The owner of the Subdivision Parcel shall
<br />have the right to develop the Subdivision Parcel in accordance with the Plat
<br />attached hereto as Exhibit A and incorporated herein by reference.
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<br />6. Except as otherwise may be specifically provided herein and subject
<br />to the obligations and responsibilities of the parties under the terms and
<br />provisions of this Consent Order and the enforcement thereof, Orleans and
<br />Shiloh, for themselves and their successors and assigns, subsidiaries,
<br />affiliates and all shareholders, members, employees, attorneys or agents,
<br />hereby release and forever discharge the defendants, and their successors and
<br />assigns, of, from and against all claims, demands, actions, causes of action,
<br />losses, damages or liabilities which Orleans and Shiloh, and their successors
<br />and assigns, have or may have against the defendants arising out of or in any
<br />way relating to the denial of the Appeal and the Application, or to the
<br />constitutionality of the Adequate Public Facilities Standards set out in
<br />Chapter 4, Section 17 of the Subdivision Ordinance.
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<br />7. Except as otherwise may be specifically provided herein and subject
<br />to the obligations and responsibilities of the parties under the terms and
<br />provisions of this Consent Order and the enforcement thereof, the defendants,
<br />for themselves and their successors and assigns, hereby release and forever
<br />discharge Orleans and Shiloh, and their successors and assigns, of, from and
<br />against all claims, demands, actions, causes of action, losses, damages or
<br />liabili ties which the defendants, their successors and assigns, have or may
<br />have against Orleans and Shiloh arising out of or in any way relating to the
<br />filing of the Complaint and the pursuit of the claims set forth therein.
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<br />8. Each party to this action shall bear its, his or her own attorneys'
<br />fees, expenses and costs associated with this action.
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