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WHEREAS, such disputes and differences have givan rise to <br /> that lawsuit, captioned "City of Concord v. Cabarru$ County," <br /> bearing File No. 90 CVS 02291, in the General Court of Justice, <br /> Superior Court Division, Cabarrus County, North Carolina, and <br /> currently docketed in the North Carolina Court of Appeals as No. <br /> 9119SC502 (hereinafter referred to as the "Litigation"); and <br /> <br /> WHEREAS, Concord and Cabarrus County entered into an <br />"Agreement Relative to the Construction, Operation and <br />Maintenance of a Water Supply Reservoir," dated April 19, 1989 <br />(hereinafter referred to as the "Coddle Creek Agreement"), in <br />which Concord transferred certain real property to Cabarrus <br />County and, in turn, Cabarrus County agreed to pay Concord <br />certain consideration for such transfer; and <br /> <br /> WHEREAS, Concord and Cabarrus County entered into a <br />"Reciprocal Agreement for Water and Sewer Connections and Related <br />Matters" dated August 15, 1988 (hereinafter referred to as the <br />"Reciprocal Agreement"); and <br /> <br /> W~EREAS, Concord and Cabarrus County entered into an <br />"Agreement to Supply Treated Water" dated April 19, 1989 <br />(hereinafter the "Treated Water Agreement"); and <br /> <br /> WHEREAS, the parties hereto desire to terminate the <br />Litigation, to accelerate the payments by Cabarrus County to <br />Concord under the Coddle Creek Agreement, to accelerate payments <br />by Concord to Cabarrus County under the Airport Contract, to make <br />certain amendments to the Water and Sewer Contract, the <br /> <br /> <br />