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July 26, 2004 Page 567 SMALL, in his capacity as Concord City ) Council Member; ALFRED M. BROWN, JR. ) in his capacity as Concord City Council ) Member; W. LAM;Lq B~LRRIER, in his ) capacity as Concord City Council Member; ) HECTOR H. HENRY II, in his capacity as ) Concord City Council Member; RANDY ) GRIMES, in his capacity as Concord ) City Council Member; THE COUNTY ) OF CABARRUS, a political subdivision ) of the State of North Carolina; and ) WATER AND SEWER DISTRICT OF CABARRUS ) COUNTY, a municipal corporation, ) Defendants, AGREEMENT IN PARTIAL SETTLEMENT AND COMPROMISE OF LITIGATION Pursuant to G.S. 7A-38.1, the parties and their representatives attended court ordered mediated settlement conferences. The mediator designator by the parties was Judge Robert A. Collier, Jr. of Iredell County. Though mediation has not been completed by all parties on all issues, the parties have reached agreement on some of the issues as set forth herein. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intention of binding themselves, their heirs, legal representatives, and assigns, the parties have agreed, following a mediation conducted in this action, to resolve Plaintiffs' claims for declaratory, equitable, and injunctive relief in this action on the terms hereinafter set forth. The parties agree that, except as otherwise specifically provided herein, the terms of this mediation agreement shall be embodied in an appropriate Consent Order, which shall be enforceable as an order of the Court, and that the Court having jurisdiction over this action shall thereafter resolve all disputes concerning the performance or breach of the parties' obligations under this agreement and the Consent Order. A0 Disposition of Claims. This mediation agreement shall constitute a full and complete resolution and settlement of all of Plaintiffs' claims in this action but only to the extent such claims seek declaratory, injunctive, or other equitable relief against Defendants. The parties acknowledge and agree that the action shall proceed solely with respect to Plaintiffs' claims for damages against the City of Concord. Concord and the Plaintiffs specifically acknowledge that in the event Plaintiffs are awarded damages in their action against Concord, neither the Plaintiffs or Concord, nor any party claiming by or through the Plaintiffs or Concord, will be entitled to seek contribution or reimbursement for such damage (or any other monetary sums attributable to such action) from the County of Cabarrus or The Cabarrus County Water and Sewer District. It is expressly understood, however, that in connection with the litigation of Plaintiffs' claims for damages the parties shall be entitled to prove such facts and rely upon such legal theories as they deem necessary to establish or to defeat such claims for damages, notwithstanding that such facts or legal theories might also be relevant to the settled claims for declaratory, injunctive, and equitable relief that are the subject of this mediation agreement. Notwithstanding the foregoing, Plaintiffs shall not be allowed to claim as damages (i) any amounts paid or costs incurred to comply with any of the provisions of this Agreement (including without limitation the costs of complying with the Supplemental Development Standards set forth in paragraph D), or (ii) any amounts paid to Cabarrus County for school impact fees. Limit on Award of Damages. Notwithstanding any jury verdict, court- ordered award, or judgment awarding some greater amount, Concord's liability to Plaintiffs for damages, if any, shall not exceed $739,742.00 in the aggregate. Co No Admission of Liability or Non-Liability. The parties understand and agree that this mediation agreement represents a compromise of disputed claims. Neither this agreement nor any provision contained herein shall be deemed to be an admission of liability or non-liability on the part of any party to the agreement. Do General Development Standards Applicable to Brandon Ridge Subdivision and Park Place Subdivision. Except as otherwise provided herein, Brandon Ridge Subdivision and Park Place Subdivision will be governed