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Mr. John R. Boger, Jr. <br />September 9, 1986 <br />Page 2 <br /> <br />commercial and industrial property to the true market value <br />of such property is less than 95%. Therefore, the <br />railroads' tax liabilities for the 1983 tax year will be <br />determined based upon this agreement (a) that the ratio of <br />the value of locally assessed real and personal commercial <br />and industrial property to the true market value of such <br />property in Cabarrus County for 1983 is 100% and (b) that <br />the railroads' system property (including both real and <br />personal property) allocated to Cabarrus County shall <br />therefore be taxed at 100% of the value of such property <br />certified to Cabarrus County for the 1983 tax year by the <br />North Carolina DePartment ~f Revenue pursuant to North <br />Carolina General Statutes ~105-340. <br /> <br /> 3. This agreement shall be deemed to establish only <br />the percentage by which the true value of the railroads' <br />system property will be reduced to reflect the railroads' <br />entitlement to equalization relief for 1982 and 1983 under <br />the Railroad Revitalization and Regulatory Reform Act of <br />1976. The equalization ratios, if any, for future years are <br />not determined or agreed upon in this .letter. The true <br />value of the railroads' system property and the railroads' <br />obligation, if any, to pay interest or penalties in <br />connection with 1982 and 1983 property tax assessments shall <br />be dete]~ined as provided by law. <br /> <br /> 4. Counsel:- for Ca~arru~ :County ~nd -_the~_-rai-l~oads±wi~.~ <br />cause a--joint ~o~ice=of ~ismissal:~in~-the-fore ,tracheal <br />hereto'to be exe6~ted inconhection with the legal action <br />now pending in the United States District Court for the <br />Eastern District of North Carolina entitled High Point, <br />Thomasville and Denton Railroad Company, et al. v. Mark G. <br />Lynch, Secretary of Revenue of the State of North Carolina, <br />et al. (Civil Action No. 83-1243-C/V-5). <br /> <br /> 5. This offer will be accepted by signature of the <br />county attorney in the space provided below. By signing <br />below, the county attorney personally warrants that he has <br />adequate authority to accept this offer on behalf of the <br />county, that the agreement proposed in this letter is <br />enforceable according to its terms and that the county shall <br />be legally bound thereby. <br /> <br /> If this offer is accepted by the county, please sign <br />and return a copy of this letter together with the executed <br />notice of dismissal in the legal action. <br /> <br /> <br />