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CONSENT AGREEMENT <br />FOR THE MOUNTAIN HROOK PHASE 6 DEVEI.OPMENT <br />FOR CAHARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this 160° day ot Sune, by and among <br />MDP Custom Homes, Inc, with its principal place of business at 1948 Thompson <br />Drive, Concord, NC 28025, 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 />RECITALS: <br />A. Developer is the owner of approximately +/-27.12 acres of real <br />property located in the City of Concord, Cabarrus County, and has proposed the <br />development of a subdivision in that location with a maximum of 8 single family <br />lots, wrrently known as the Mountain Brook Phase 6 subdivision project (the <br />"ProjecY'7, to be constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County S~bdivision Ordinance, Chapter 9 Section ll, and to best <br />knowledge.of the Coanty, has been reviewed by all public agencies which may <br />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 certai~ other considerations to address Cabarrus County <br />adequate facility standards and advance these services and facilities. <br />D. Cabarrus County, acti~g 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 of 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 [iEREBY AGREE AS FOLLOWS: <br />1. The Project <br />1.1 Description of Project. The Mountain Brook Phase 6 Project covered by <br />this Consent Agreement consists of a single-family subdivision with 6 lots <br />lowted on approximately +/-27,12 acres in Concord, North Carolina and has a <br />density not to exceed .29 as shown on the approved preliminary subdivision <br />plat. Any changes in such apprwal must be approved in accordance with the City <br />of Concord Unified Development Ordinance (UDO) or its successor in interest. <br />1.1A. Timing and Phasing 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, on its (their) own behalf and that of its (their) <br />successors and assigns, agree that homes within the Project shall become <br />available for 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 - I ~ <br />