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January 21, 2006 - Special Meeting Page 463 The Board of Commissioners for the County of Cabarrus met in special session at 9:30 a.m. on Saturday, January 21, 2006, in the Multipurpose Room at the Cabarrus County Governmental Center in Concord, North Carolina. The purpose of the meeting was to conduct a Closed Session in accordance with North Carolina General Statute (NCGS) 143-318.11 (a) (3) to consult with the Attorney in order to preserve the attorney-client privilege and discuss the Craft and Morrison litigation (03 CVS 2400 and 03 CVS 2462) . Present - Chairman: Robert W. Carruth Vice Chairman: Joni D. Juba Commissioners: Carolyn B. Carpenter Robert M. Freeman Coy C. Privette Also present were John D. Day, County Manager; Richard M. Koch, Acting County Attorney; and Frankie F. Bonds, Clerk to the Board. Chairman Carruth called the meeting to order at 9:32 a.m. Chairman Carruth announced that the Board would be going into Closed Session since the special meeting had been posted as a Closed Session. However, he reported that the City of Concord had adopted an Agreement regarding the litigation during its meeting on Friday. Closed Session UPON MOTION of vice Chairman Juba, seconded by Commissioner Freeman and unanimously carried, the Board moved to go into Closed Session in accordance with NCGS 143-318.11(a) (3) to consult with the County Attorney in order to preserve the attorney-client privilege and discuss the Craft and Morrison litigation (03 CVS 2400 and 03 CVS 2462). UPON MOTION of vice Chairman Juba, seconded by Commissioner Carpenter and unanimously carried, the Board moved to corne out of Closed Session. Announcement of Settlement Chairman Carruth announced that the Board of Commissioners had adopted a Resolution authorizing execution of a Settlement Agreement with the City of Concord. He stated the Agreement between the County, the Water and Sewer District of Cabarrus County and the City of Concord will resolve the litigation identified as the cases of Craft Development, LLC et al. v. the City of Concord, et al., Cabarrus County Court File Number 03 CvS 2400, and Morrison et aI. v. The City of Concord, Cabarrus County Court File Number 03 CvS 2462. Chairman Carruth asked that the following Resolution as adopted by the Board in Closed Session (4-1 vote with Commissioner Privette voting against) be entered into the record. Resolution No. 2006-01 A Resolution Authorizing the Chairman, Clerk to the Board, and Acting County Attorney to Execute a Settlement Agreement with the City of Concord And the Water and Sewer District of Cabarrus County WHEREAS, the County of Cabarrus (hereinafter \\County"), the Water and Sewer District of Cabarrus County (hereinafter the \'District") and the City of Concord (hereinafter "Concord") have been involved in litigation that is more particularly identified as the cases of Craft Development, LLC et al. v. the City of Concord, et al., Cabarrus County Court File Number 03 CvS 2400, and Morrison et al. v. The City of Concord, Cabarrus County Court File Number 03 CvS 2462 (hereinafter the Litigation or the Lawsuits); and WHEREAS, all of the claims in the Litigation have been settled, dismissed or otherwise resolved, with the exception of the claims by Concord against the County and the District, and the claims of the County and the District against Concord; and WHEREAS, on or about December 6, 2004, Concord and the County entered into a Memorandum of Understanding (hereinafter the 2004 MOU) wherein Concord and the County set out a framework by which they hoped to resolve the remaining claims in the Lawsuits and to settle any remaining differences between them pertaining to the claims therein; and WHEREAS, the County, the District and Concord have resolved their differences and have reached an accommodation by which they desire to resolve all of the differences and disputes between them that were the subject of the Lawsuits and by which they desire to conclude the Litigation;