AG 2007 04 16 - Laserfiche WebLink

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.~ ~. STATE OF NORTH CAROLINA COUNTY OF CABARRUS AGREEMENT THIS AGREEMENT is entered into this the 21st day of January, 2006, by and between the City of Concord, a municipal corporation (hereinafter Concord or the City), and Cabarrus County, a body politic and subdivision of the State of North Carolina (hereinafter the County}, and the Water and Sewer District of Cabarrus County, a county water and sewer district formed pursuant to Chapter 162A of the General Statutes of North Carolina (hereinafter the District); and WHEREAS, the City, the County and the District have been involved in litigation that is more particularly identified as the cases of Craft Development, LLC et al. v. the City of Concord, et al., Cabarrus County Court File Number 03 CvS 2400, and Morrison et al. v. The City of Concord, Cabarrus County Court File Number 03 CvS 2462 (hereinafter the Litigation or the Lawsuits); and WHEREAS, all of the claims in the Litigation have been settled, dismissed or otherwise resolved, with the exception of the claims by the City against the County and the District, and the claims of the County and the District against the City; and WHEREAS, on or about December 6, 2004, the City and the County entered into a Memorandum of Understanding (hereinafter the 2004 MOU) wherein the City and County set out a framework by which they hoped to resolve the remaining claims in the Lawsuits and to settle any remaining differences between them pertaining to the claims therein; and WHEREAS, the City, the County and the District have resolved their differences and have reached an accommodation by which they desire to resolve all of the differences and disputes between them that were the subject of the Lawsuits and by which they desire to conclude the Litigation; NOW THEREFORE, in consideration of the mutual promise set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intention of binding themselves, their heirs, legal representatives and assigns, the parties hereby agree as follows: 1. The terms of this Agreement shall be placed into effect by the entry of a Consent Judgment in a form substantially as set forth in Exhibit A attached hereto, which Consent Judgment shall be enforceable as a Judgment or Order of the Court. The parties agree to take all necessary steps either separately or in concert with one another to obtain the entry of such Consent Judgment. 2. An issue in the Litigation has been whether the City could impose conditions upon the provision of utility services to properties that are outside of the municipal boundary of the City, and what conditions may be permissible. It is acknowledged by all that parties that this is an issue on which there is a legitimate dispute as to the state of the law and the relative 1 ~-~a