AG 2004 07 26 - Laserfiche WebLink

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Do Eo claims seek declaratory, injunctive, or other equitable relief against Defendants. The parties acknowledge and agree that the action shall proceed solely with respect to Plaintiffs' claims for damages, against The City of Concord. Concord and the Plaintiffs specifically acknowledge that in the event Plaintiffs are awarded damages ih their action against Concord, neither the Plaintiffs or Concord, nor any party claiming by or through the Plaintiffs or Concord, will be entitled to seek contribution or reimbursement for such damages (or any other monetary sums attributable to such action) from The County of Cabarrus or The Cabarms County Water and Sewer District. It is expressly understood, however, that in connection with the litigation of Plaintiffs' claims for damages the parties shall be entitled to prove such facts and rely upon such legal theories as they deem necessary to establish or to defeat such claims for damages, notwithstanding that such facts or legal theories might also be relevant to the settled claims for declaratory, injunctive, and equitable relief that are the subject of this mediation agreement. Notwithstanding the foregoing, plaintiffsPlaintiffsshall not be allowed to claim as damages (i) any amounts paid or costs incurred to comply with any of the provisions of this Agreement (including without limitation the costs of complying with the Supplemental Development Standards set forth in paragraph (D), or (ii) any amounts paid to Cabarrus County for school impact fees. Limit on Award of Damages. Notwithstanding any jury verdict, court-ordered award, or judgment awarding some greater amount, Concord's liability to Plaintiffs for damages, if any, shall not exceed $1,500,000.00 in the aggregate. No Admission ofLiabilityorNon-Liability. The parties understand and agree that this mediation agreement represents a compromise of disputed claims. Neither this agreement nor any provision contained herein shall be deemed to be an admission of liability or non- liability on the part of any party to the agreement. General Development Standards Applicable to the Morrison Creek Subdivision. Except as otherwise provided herein, the Morrison Creek Subdivision will be governed by and developed pursuant to the development standards and procedures contained in the ordinances of Cabarrus County and in applicable statutes and regulations of the State of North Carolina as they existed on April 16, 2004. Supplemental Development Standards Applicable to the Morrison Creek Subdivision. Plaintiffs agree that all plans, plats, permit applications, construction drawings, and other submissions by them for development of the Morrison Creek Subdivision shall conform to the following supplemental development standards. Where such supplemental development standards impose a requirement that differs from those general development standards referred to in item D. of this mediation agreement, the supplemental development standards in this paragraph shall control. Sidewalks shall be installed on one side of the street and sidewalks shall be five feet wide and separated from the streets by a four-foot planting strip. Sidewalks shall not be installed in the round ends of cul-de-sacs. 2. Street trees shall be planted on 50 ft. centers along all subdivision streets. CHAR2\7949?7_ I