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July 26, 2004
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<br />Page 571
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<br /> THE CITY OF CONCOI~D, a municipal
<br /> corporation; THE COUNTY OF CABARRUS,
<br /> a political subdivision of the State
<br /> of North Carolina; and CABA~RUS WATER
<br /> AND SEWER DISTRICT, a municipal
<br /> corporation,
<br /> Defendants,
<br />
<br /> AGREEMENT IN PARTIA~ SETTLEMENT ~ COMPROMISE OF LITIGATION
<br />
<br /> Pursuant to ~.S. 7A-35.1, the parties and their representatives
<br /> at=ended court ordered mediated settlement conferences. The mediator
<br /> designator by the parties was Judge Robert A. Collier, Jr. of Iredell County.
<br /> Though mediation has not been completed by all parties on all issues, the
<br /> 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
<br /> valuable consideration, the receipt and sufficiency of which is hereby
<br /> acknowledged, and with =he intention of binding themselves, their heirs,
<br /> legal representatives, and assigns, the parties have agreed, following a
<br /> mediation conducted in this action, to resolve Plaintiffs, claims for
<br /> declaratory, eq~/itable, and injunctive relief in this action on the terms
<br /> hereinafter set forth. The parties agree that, except as otherwise
<br /> specifically provided herein, the terms of this mediation agreement shall be
<br /> embodied in an appropriate Consent Order, which shall be enforceable as an
<br /> order of the Court, and that the Court having jurisdiction over this action
<br /> shall thereafter resolve all disputes concerning the performance or breach of
<br /> the parties, obligations under this agreement and the Consent Order.
<br />
<br /> A. Disposition of Claims. This mediation agreement shall constitute a
<br /> full and complete resolution and settlement of all of Plaintiffs'
<br /> claims in this action but only to the extent such claims seek
<br /> declaratory, injunctive, or other equitable relief against Defendants.
<br /> The parties acknowledge and agree that the action shall proceed solely
<br /> with respect to Plaintiffs, claims for damages against the City of
<br /> Concord. Concord and the Plaintiffs specifically acknowledge that in
<br /> the event Plaintiffs are awarded damages in their action against
<br /> Concord, neither the Plaintiffs or Concord, nor any party claiming by
<br /> or through the Plaintiffs or Concord, will be entitled to seek
<br /> contribution or reimbursement for such damages (or any other monetary
<br /> sums attributable to such action) from The County of Cabarrus or The
<br /> Cabarrus County Water and Sewer District. It is expressly understood,
<br /> however, that in connection with the litigation of Plaintiffs' claims
<br /> for damages the parties shall be entitled to prove such facts and rely
<br /> upon such legal theories as they deem necessary to establish or to
<br /> defeat such claims for damages, notwithstanding that such facts or
<br /> legal theories might also be relevant to the settled claims for
<br /> declaratory, injunctive, and equitable relief that are the subject of
<br /> this mediation agreement. Notwithstanding the foregoing, Plaintiffs
<br /> 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
<br /> (including without limitation the costs of complying with the
<br /> Supplemental Development Standards set forth in paragraph (D), or (ii)
<br /> any amounts paid to Cabarrue County for school impact fees.
<br />
<br /> B. Limit on Award Of Damages. Notwithstanding any ju~y verdict, court-
<br /> ordered award, or Judgment awarding some greater amount, Concord's
<br /> liability to Plaintiffs for damages, if any, shall not exceed
<br /> $1,500,000.00 in the aggregate.
<br />
<br /> C. No A~mlssion of Liability or Non-Liability. The parties understand and
<br /> agree that this mediation agreement represents a compromise of disputed
<br /> claims. Neither this agreement nor any provision contained herein
<br /> shall be deemed to be an admission of liability or non-liability on the
<br /> part of any party to the agreement.
<br />
<br />D. ~eneral D~velopment Standards Applicable to the Morrison Creek
<br /> Subdivision. F~xcept as otherwise provided herein, the Morrison Creek
<br /> Subdivision will be governed by and developed pursuant to the
<br /> development standards and procedures contained in the ordinances of
<br /> Cabarrus County and in applicable statutes and regulations of the State
<br /> of North Carolina as they existed on April 16, 2004.
<br />
<br />E. Supplemental Development Standards Applicable to Morrison Creek
<br /> Subdivision. Plaintiffs agree that all plans, plats, permit
<br /> applications, construction drawings, and other submissions by them for
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