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CONSENT AGREEMENT <br />FOR THE MERIDIAN DEVELOPMENT <br />FOR CAHARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this 16~° day of June, 2007, by and <br />among Roberta Rdad, LLC, with it's principal place of business at 166 Fern <br />Haven Lane, Mooresville, NC 28117, the owners of the project more fully defined <br />below ("Developer") and Cabarrue County, North Carolina, a political <br />subdivision o£ the Sta[e o£ North Carolina, with its principal place of <br />business at 65 Church Street, SE, Concord, North Carolina 26025 (herea£ter, the <br />°COUnty" or "Cabarrus County^~ by and through its Cabarrus County Board of <br />Commissioners. <br />RECITALS: <br />A. Developer is the owner of approximately 8.90 acres of real property <br />located in the City of Concord, Cabarrns County, and has proposed the <br />development of a subdivision in that location with a maximum of 16 single <br />family lots, currently known as the Meridian subdivision project (the <br />"Project"), to be constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 9 Section 17, Section 66-81, and <br />to best knowledge of the County, has been reviewed by all public agencies which <br />may potentially serve the Project and its future residents. <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 />ade9uate facility standards and advance these services and facilities. <br />D. Cabarrus County, acting pursuant to its authority under G.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 o£ its legislative discretion, has elected to <br />process the Project, resulting in the negotiation, consideration and approval <br />of this Consent Agreement after all necessary hearings. <br />CAHARRUS COUNTY AND THE DEVEIAPER I-]EREBY AGREE AS FOLLOWS: <br />1. The Project <br />1.1 Description of Project. The Meridian Project covered by this Consent <br />Agreement presently consists of a single-family subdivision with 16 lots <br />located on approximately 8.90 acres in Concord, North Carolina and has a <br />density not to exceed 1.8 as shown on the approved preliminary subdivision <br />plat. Any changes in such approval must be approved in accorda~ce with the City <br />of Concord Onified Development Ordinance (UDO) or its successor in interest. <br />1.1A. Timinq and Phasin9 of Project. Absent a separate agreement by and between <br />Landowners/Developers, its or their successors or assigns, and the County <br />formally approved by the Board subsequent to this Consent Agreement, <br />Landowners/Developers, o~ its (their) own behalf and that of its (their) <br />successors and assigns, agree that homes within the Project shall become <br />available £or occupancy upon the rate, time frame, or schedule set forth <br />hereinafter, the total number of which may be accumulated (i.e. the total <br />number of homes available for occupancy in a subsequent year or years shall <br />V ~ <br />