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October 24, 2007 (Special Joint Meeting) Page 600 <br />EXHIBIT A <br />STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE <br />SUPERIOR COURT DIVISION <br />COUNTY OF CABARRUS <br />CRAFT DEVELOPMENT, LLC, and <br />CRAFT HOMES USA, LLC, <br />Plaintiffs, <br />-vs- <br />THE CITY OF CONCORD, a municipal corporation; ) <br />J. SCOTT PADGETT; in his capacity as Mayor; ) <br />DAVID W. PHILLIPS, in his capacity as Concord ) <br />City Council Member; JIM RAMSEUR, in his ) <br />capacity as Concord City Council Member; ALLEN ) <br />T. SMALL, in his capacity as Concord City Council <br />Member; ALFRED M. BROWN, JR., in his capacity ) <br />as Concord City Council Member; W. LAMAR ) <br />BARRIER, in his capacity as Concord City Council <br />Member; HECTOR H. HENRY I2, in his capacity as ) <br />Concord City Council Member; RANDY GRIMES, ) <br />in his capacity as Concord City Council Member; ) <br />THE COUNTY OF CABARRUS, a political ) <br />subdivision of the State of North Carolina; and ) <br />WATER AND SEWER DISTRICT OF ) <br />CABARRUS COUNTY, a municipal corporation, ) <br />Defendants ) <br />J. ROBERT MORRISON and wife, MARY WHITE <br />MORRISON; JAMES ROBERT MORRISON and <br />MARY WHITE MORRISON, CO-TRUSTEES OF <br />THE J.R. MORRISON LIVING TRU5T; and <br />MORRISON CREEK, LLC, <br />Plaintiffs, <br />-vs- <br />THE CITY OF CONCORD, a municipal corporation; ) <br />THE COUNTY OF CABARRUS, a political ) <br />subdivision of the State of North Carolina; and ) <br />CABARRUS WATER AND SEWER DISTRICT, a ) <br />municipal corporation, ) <br />Defendants. ) <br />AMENDED CONSENT JUDGMENT <br />03 CVS 2900 <br />03 CVS 2962 <br />THIS MATTER came before the Honorable Clarence E. Horton, Superior <br />Court Judge, on January 23, 2006 for settlement and disposition of all <br />matters then before the Court. At that time, Judge Horton found that the <br />remaining claims before the Court in these cases were those claims between <br />the Defendants City of Concord (the City), Cabarrus County (the County) and <br />the Water and Sewer District of Cabarrus County (the .District), and it <br />further appeared to the Court that the City, the County and the District had <br />resolved their differences and had entered into an agreement that resolved <br />the disputes between them that were subjects of this action and that as a <br />portion of that agreement the parties agreed and jointly sought that the <br />Court enter into a Consent Judgment, and that based on the settlement <br />agreement of the parties and the evidence that has been presented to the <br />Court as a part of the motions for summary judgment, the Court entered into a <br />Consent Judgment on January 23, 2006. <br />The City, County and District now respectfully petition the Court to modify <br />the Settlement Agreement, as attached hereto and incorporated into this <br />Judgment, and the Court further concludes as a matter of law that the Amended <br />Settlement Agreement that is attached hereto and incorporated into this <br />Judgment is a valid contract that the parties are authorized to execute under <br />G.S. 160A-312(a); that the provisions of the contract are within reasonable <br />limitations under G,S. 160A-312(a); that the provisions of the contract <br />