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<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 />ror damages. against The City of Concord. Concord and the Plaintiffs specifically <br />acknowledge that in the event Plaintiffs are avvarded damages in their action against <br />~ '-' "" <br />Concord, neither the Plaintiffs or Concord, nor any party claiming by or through the <br />Plaintiffs or Concord, \vill be entitled to seek contribution or reimbursement ror such <br />damages (or any other monetary sums attributable to such action) from The County of <br />Caban"us or The Cabarrus County \Vater 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 vvith any of t..1}e provisions of t.1is Agreernent (including without <br />limitation the costs of complying with the Supplemental Development Standards set forth ill <br />paragraph (D), or (ii) any amounts paid to Caban-us County for school impact fees. <br /> <br />B. Limit on A ward ofDmuages, 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,OOO.OOin the aggregate. <br /> <br />C. No Admission of Liability or Non-Liabilitv. The parties understand and agree that tIns <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 />D. General Development Standards Applicable to the 1'Iorrison 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 />E. Supplemental Development Standards Applicable to the Morrison Creek Subdivision. <br />Plaintiffs agree that all plans, plats, pennit applications, construction drawings, and other <br />submissions by them for development of the Morrison Creek Subdivision shall confonn <br />to the following supplemental development standards. Where 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 />1. <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. Sideyvalks shall not <br />he installed in the round ends of cuI -de-sacs. <br /> <br />2. <br /> <br />Streettrees shall be planted on 50 ft. centers along all subdivisions.treets. <br /> <br />CHAR2\794977_ ] <br /> <br />2 <br />1=--3 <br />