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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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Co <br /> <br />Do <br /> <br />Eo <br /> <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 ih 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 />damages (or any other monetary sums attributable to such action) from The County of <br />Cabarrus or The Cabarrus 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, plaintiffsPlaintiffsshall not be allowed to claim as damages (i) any amounts paid <br />or costs 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 Cabarrus County for school impact fees. <br /> <br />Limit on Award ofDama, ges. 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 $1,500,000.00 in the aggregate. <br /> <br />No Admission of Liability or Non-Liability. 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 Development Standards Applicable to the Morrison Creek Subdivision. Except <br />as otherwise provided herein, the Morrison Creek Subdivision will be governed by and <br />developed pursuant to the development standards and procedures contained in the <br />ordinances of Cabarrus County and in applicable statutes and regulations of the State of <br />North Carolina as they existed on April 16, 2004. <br /> <br />Supplemental Development Standards Applicable to the Morrison Creek Subdivision~ <br />Plaintiffs agree that all plans, plats, permit applications, construction drawings, and other <br />submissions by them for development of the Morrison Creek Subdivision shall conform <br />to the following supplemental development standards. '~b~nere such supplemental <br />development standards impose a requirement that differs from those general development <br />standards referred to in item D. of this mediation agreement, the supplemental <br />development standards in this paragraph shall control. <br /> <br />Sidewalks shall be installed on one side of the street and sidewalks shall be five feet <br />wide and separated from the streets by a four-foot planting strip. Sidewalks shall not <br />be installed in the round ends of cul-de-sacs. <br /> <br />2. Street trees shall be planted on 50 ft. centers along all subdivision streets. <br /> <br />CHAR2\?94977_ I <br /> <br />2 <br /> <br /> <br />
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