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STATE OF NORTH CAROLINA <br />COUNTY OF CABARRUS <br /> <br />IN THE GENERAL COURT OF JUSTICE <br /> SUPERIOR COURT DIVISION <br /> File No. 03-CVS 002400 <br /> <br />CRAFT DEVELOPMENT LLC, and CRAFT HOMES <br />USA LLC, <br /> <br />Plaintiffs <br /> <br /> Vo <br />THE CITY OF CONCORD, a municipal corporation; <br />J. SCOTT PADGETT, in his capacity as Mayor; DAVID <br />W. PHILLIPS, in his capacity as Concord City Council <br />Member; JIM RAMSEUR, in his capacity as Concord City <br /> <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br /> ) <br /> <br />Council Member; ALLEN T. SMALL, in his capacity as ) <br />Concord City Council Member; ALFRED M. BROWN, JR.) <br />in his capacity as Concord City Council Member; W. ) <br />LAMAR BARRIER, in his capacity as Concord City ) <br />Council Member; HECTOR H. HENRY II, in his capacity ) <br />as Concord City Council Member; RANDY GRIMES, in his) <br />capacity as Concord City Council Member; THE COUNTY) <br />OF CABARRUS, a political subdivision of the State of ) <br />North Carolina; and WATER AND SEWER DISTRICT ) <br />OF CABARRUS COUNTY, a municipal corporation, ) <br /> <br />Defendants <br /> <br /> AGREEMENT IN PARTIAL SETTLEMENT AND COMPROMISE OF LITIGATION <br /> Pursuant to G.S. 7A-38.1, the parties and their representatives attended court ordered <br />mediated settlement conferences. The mediator designator by the parties was Judge Robert A. <br />Collier, Jr. of Iredell County. Though mediation has not been completed by all parties on all <br />issues, the parties have reached agreement on some of the issues as set forth herein. <br /> In consideration of the mutual promises herein and other good and valuable consideration, <br />the receipt and sufficiency of which is hereby acknowledged, and with the intention of binding <br />themselves, their heirs, legal representatives, and assigns, the parties have agreed, following a <br />mediation conducted in this action, to resolve Plaintiffs' claims for declaratory, equitable, and <br />injunctive relief in this action on the terms hereinafter set forth. The parties agree that, except as <br />otherwise specifically provided herein, the terms of this mediation agreement shall be embodied in <br />an appropriate Consent Order, which shall be enforceable as an order of the Court, and that the <br />Court having jurisdiction over this action shall thereafter resolve all disputes concerning the <br /> <br /> <br />