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AG 2004 07 26
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AG 2004 07 26
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Last modified
3/9/2006 9:20:03 PM
Creation date
11/27/2017 11:38:35 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/26/2004
Board
Board of Commissioners
Meeting Type
Regular
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per.formance or breach of the parties' obligations under this agreement and the Consent Order. <br /> <br />Co <br /> <br />Do <br /> <br />Di?cmltirm of Claims. This mediation agreement shall constitute a full and complete <br />resolution and settlement of all of Plaintiffs' claims in this action but only to the extent such <br />claims seek declaratory, injunctive, or other equitable relief against Defendants. The parties <br />acknowledge and agree that the action shall proceed solely with respect to Plaintiffs' claims <br />for damages against the City of Concord. Concord and the Plaintiffs specifically <br />acknowledge that in the event Plaintiffs are awarded damages in their action against <br />Concord, neither the Plaintiffs or Concord, nor any party claiming by or through the <br />Plaintiffs or Concord, will be entitled to seek contribution or reimbursement for such <br />damage (or any other monetary sums attributable to such action) from the County of <br />Cabarrus or The Cabarms County Water and Sewer District. It is expressly understood, <br />however, that in connection with the litigation of Plaintiffs' claims for damages the parties <br />shall be entitled to prove such facts and rely upon such legal theories as they deem <br />necessary to establish or to defeat such claims for damages, notwithstanding that such facts <br />or legal theories might also be relevant to the settled claims for declaratory, injunctive, and <br />equitable relief that are the subject of this mediation agreement. Notwithstanding the <br />foregoing, Plaintiffs shall not be allowed to claim as damages (i) any amounts paid or costs <br />incurred to comply with any of the provisions of this Agreement (including without <br />limitation the costs of complying with the Supplemental Development Standards set forth in <br />paragraph D), or (ii) any amounts paid to Cabarms County for school impact fees. <br /> <br />Limit an Award nfDamages. Notwithstanding any jury verdict, court-ordered award, or <br />judgment awarding some greater amount, Concord's liability to Plaintiffs for damages, if <br />any, shall not exceed $739,742.00 in the aggregate. <br /> <br />Nn Admis.~ion nfT,iahilitynrNon-r,iahility. The parties understand and agree that this <br />mediation agreement represents a compromise of disputed claims. Neither this agreement <br />nor any provision contained herein shall be deemed to be an admission of liability or non- <br />liability on the part of any party to the agreement. <br /> <br />General Deveinpment gtanclards Applicable tn grandnn Ridge Suhdivisinn and Park <br />place ,quhdivi.qinn_ Except as otherwise provided herein, Brandon Ridge Subdivision and <br />Park Place Subdivision will be governed by and developed pursuant to the development <br />standards and procedures contained in the ordinances of Cabarrus County and in <br />applicable statutes and regulations of the State of North Carolina as they existed on April <br />16, 2004. <br /> <br />~qnpplemental Develnpment Standard.q Appllcahle tn Flrandnn Ridge Suhdivisinn and <br />Park Place Suhdivi~inn_ Plaintiffs agree that all plans, plats, permit applications, <br />construction drawings, and other submissions by them for development of Brandon Ridge <br />Subdivision and Park Place Subdivision shall conform to the following supplemental <br />development standards. Where such supplemental development standards impose a <br />requirement that differs from those general development standards referred to in item D. <br /> 2 <br /> <br /> <br />
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