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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 2462 <br /> <br />J. ROBERT MORRISON and wife MARY <br />WHITE MORRISON; JAMES) ROBERT <br />MORRISON and MARY ) WHITE <br />MORRISON, Co-Trustees of) The J. R. <br />Morrison Living Trust; and) MORRISON <br />CREEK, LLC,) <br /> <br />Plaintiffs, <br /> <br />-VS- <br /> <br />THE CITY OF CONCORD, a municipal <br />corporation, THE COUNTY OF CABARRUS, <br />a political subdivision of the State of North <br />Carolina; and CABARRUS WATER AND <br />SEWER DISTRICT, a municipal corporation', <br /> <br />Defendants. <br /> <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br /> ) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br /> <br />AGREEMENT IN PARTIAL SETTLEMENT AND COMPROMISE OF LITIGATION <br /> <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 /> <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 />performance or breach of the parties' obligations under this agreement and the Consent Order. <br /> <br />Disposition 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 /> <br />CHAR2\794977_ I <br /> <br /> <br />