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<br />CONSENT AGREEMENT <br />FOR THE SHILOH VILLAGE DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THIS CONSENT AGREEMENT is entered lnto as of this lSth day of December, 2006, by <br />and among Shiloh Ridge Development, LLC, with ltS principal place of business <br />at 166 Fern Haven Lane, Mooresville, NC 2Sll7, the owners of the project more <br />fully defined below ("Developer") and Cabarrus County, North Carolina, a <br />poli.tlcal subdivision of the State of North Carolina, with its principal place <br />of business at 65 Church Street, SE, Concord, North Carolina 2S025 (hereafter, <br />the "County" or "Cabarrus County") by and through its Cabarrus County Board of <br />Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately +/-10.04 acres of real <br />property located in Cabarrus County, and has proposed the development of a <br />subdivision in that location with a maximum of 30 slngle family lots, currently <br />known as Shiloh Village (the "Project"), to be constructed in one phase. <br /> <br />B. The Project is subject to the Adequate Fac~lities Provisions of the <br />Cabarrus County Subdivlsion 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 fac~lities. <br /> <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 Subdlvision <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, conslderation 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 Shiloh Village ProJect covered by thls <br />Consent Agreement consists of a single family subdivision with 30 lots located <br />on approximately +/-10.04 acres in Cabarrus County, North Carolina as shown on <br />the approved preliminary subdivision plan. Any changes in such approval must be <br />approved in accordance with the Cabarrus County Zoning Ordinance or its <br />successor in interest. <br /> <br />1.lA. Timing and Phasing of Project. Absent a separate agreement by and between <br />Landowners/Developers, lts or their successors or assigns, and the County <br />formally approved by the Board subsequent to this Consent Agreement, <br />Landowners/Developers, on ltS (their) own behalf and that of ltS (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 />herelnafter, the total number of whlch may be accumulated (i.e. the total <br />number of homes available for occupancy in a subsequeClt year or years shall <br /> <br />&-VJ <br />