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October 29, 2007 (Special Joint Meeting)
<br />Page 594
<br />WHEREAS, the City, the County and the District resolved their disputes
<br />in this litigation by an agreement incorporated into a Consent Judgment dated
<br />January 21, 2006; and
<br />WHEREAS, the parties now wish to amend their agreement and the Consent
<br />Judgment, as contained in the Amended Agreement attached to this Resolution;
<br />NOW, THEREFORE, BE IT RESOLVED, by the CABARRUS COUNTY BOARD OE
<br />COMMISSIONERS that the attached Amended Agreement is hereby APPROVED and the
<br />Chair of the Board of Commissioners and the County Manager and the County
<br />Attorney are hereby authorized to take all necessaryaction to implement the
<br />terms of the Amended Agreement.
<br />Adopted this 29`h day of October, 2007.
<br />CABARRUS COUNTY BOARD OF COMMISSIONERS
<br />BY: /s/ Robert W. Carruth
<br />Robert W. Carruth, Chairman
<br />ATTEST:
<br />/s/ Kay Honeycutt
<br />Kay Honeycutt, Clerk to the Board
<br />STATE OF NORTH CAROLINA
<br />COUNTY OF CABARRUS
<br />AMENDED AGREEMENT
<br />THIS AGREEMENT is entered into this the 29th day of October, 2007, by
<br />and between the City of Concord, a municipal corporation (hereinafter Concord
<br />or the City), and Cabarrus County, a body politic and subdivision of the
<br />State of North Carolina (hereinafter the County), and the Water and Sewer
<br />District of Cabarrus County, a county water and sewer district formed
<br />pursuant to Chapter 162A of the General Statutes of North Carolina
<br />(hereinafter the District); and
<br />WHEREAS, the City, the County and the District have been involved in
<br />litigation that is more particularly identified as the cases of Craft
<br />Development, LLC et al. v. the City of Concord, et al., Cabarrus County Court
<br />File Number 03 CvS 2900, and Morrison et al. v. The City of Concord, Cabarrus
<br />County Court File Number 03 CvS 2962 (hereinafter the Litigation or the
<br />Lawsuits); and
<br />WHEREAS, all of the claims in the Litigation have been settled,
<br />dismissed or otherwise resolved, with the exception of the claims by the City
<br />against the County and the District, and the claims of the County and the
<br />District against the City; and
<br />WHEREAS, on or about December 6, 2009,, the City and the County entered
<br />into a Memorandum of Understanding (hereinafter the 2004 MOU) wherein the
<br />City and County set out a framework by which they hoped to resolve the
<br />remaining claims in the Lawsuits and to settle any remaining differences
<br />between them pertaining to the claims therein; and
<br />WHEREAS, the City, the County and the District resolved their
<br />differences and reached an accommodation by which they resolved all of the
<br />differences and disputes between them that were the subject of the Lawsuits
<br />on January 21, 2006 and
<br />WHEREAS, the City, the County and the District now wish to amend their
<br />agreement of January 21, 2006 as written below.
<br />NOW THEREFORE, in consideration of the mutual promise set forth herein
<br />and other good and valuable consideration, the receipt and sufficiency of
<br />which is hereby acknowledged, and with the intention of binding themselves,
<br />their heirs, legal representatives and .assigns, the parties hereby agree as
<br />follows:
<br />1. The terms of this Amended Agreement shall be placed into effect
<br />by the entry of a Consent Judgment in a form substantially as set forth in
<br />Exhibit A attached hereto, which Consent Judgment shall be enforceable as a
<br />Judgment or Order of the Court. The parties agree to take all necessary
<br />steps either separately or in concert with one another to obtain the entry of
<br />such Consent Judgment.
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