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Home My WebLink AboutMutual Releare and Indemnity Augusta Richmond GA DOCUMENT NAME (Yl Uf-UfA IRe I t-0Lf e.- LA (l d r nd {.rY1t'll ~ DOCUMENT TYPE: Q 5 r-e.e- rvcen -\-- YEAR: ) q 01 BOX NUMBER: ;) FILE NUMBER: f ~ 034 NUMBER OF PAGES: La . , STATE OF GEORGIA * * COUNTY OF RICHMOND * MUTUAL RELEASE AND INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, F&D PROPERTIES, INC., in consideration of the sum of One Hundred Forty-Two Thousand Two & 68/100 ($142,002.68) Dollars, in hand paid by the AUGUSTA-RICHMOND COUNTY COMMISSION and RICHMOND COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, and other valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, has released, discharged and by these presents, does, for itself, its officers, directors, stockholders, employees, agents, attorneys, successors and assigns, release and forever discharge the AUGUSTA-RICHMOND COUNTY COMMISSION and RICHMOND COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, their members, commissioners, officers, directors, employees, agents, attorneys, successors and assigns, from all claims, demands, damages, actions.or causes of action which have been brought or could have been brought as a result ,of a dispute regarding the zoning of certain real property located in Richmond County, Georgia, and the use thereof by F&D PROPERTIES, INC., including but not limited to, any claim that could have been asserted or which is any way related to the subject matter of that action between F&D PROPERTIES, INC., PLAINTIFF, and AUGUSTA-RICHMOND COUNTY COMMISSION AND ITS MEMBERS, FIRST DEFENDANT, and AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION AND ITS MEMBERS, SECOND DEFENDANT, filed in the Superior Court of Richmond County, Georgia, in Civil Action File # No. 96-RCCV-999. The undersigned, AUGUSTA-RICHMOND COUNTY COMMISSION and RICHMOND COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, in consideration of the delivery of a Quit-Claim Deed, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference, by F&D PROPERTIES, INC., and other valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, have released, discharged and by these presents do for themselves, their members, commissioners, officers, directors, stockholders, employees, agents, attorneys, successors and assigns, release and forever discharge F&D PROPERTIES, INC., its officers, directors, stockholders, employees, agents, attorneys, successors and assigns, from any and all claims, damages, actions or causes of action which have been brought or could have been brought as a result of a dispute regarding the zoning of certain real property located in Richmond County, Georgia, and the use thereof by F&D PROPERTIES, INC., including but not limited to, any claim that could have been asserted or which is any way related to the subject matter of that action b2tween F&D PROPERTIES, INC., PLAINTIFF, and the AUGUSTA-RICHM'JND COUNTY COMMISSION AND ITS MEMBERS, FIRST DEFENDANT, and AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION AND ITS MEMBERS, SECOND DEFENDANT, filed in the Superior Court of Richmond County, Georgia, in Civil Action File No. 96-RCCV-999. This Mut~al Release and Indemnity Agreement is entered into by and between the parties hereto without any party admitting any liability to the other; all such liability being expressly ~ Q)jJ0 denied. The AUGUSTA-RICHMOND COUNTY COMMISSION and RICHMOND COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, do hereby promise and agree, for the consideration stated above, to indemnify, held harmless and to repay to F&D PROPERTIES, INC., its officers, directors, stockholders, employees, agents, attorneys, successors and assigns, ("releasees"), all damages, costs or expenses that such party ("releasees") may hereafter be required by law to pay because of any and all injury, loss, damage or expense sustained by them arising out of future claims made against them related to the aforesaid events. The undersigned hereby declare that this Mutual Release and Indemnity Agreement contains the entire understanding between the parties, and that the terms hereof have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account of the injuries and/or damages mentioned and for the express purpose of precluding forever any further or additional claims arising out of the aforesaid events. ~ this Signed, sealed and .c::K. c; day of d~ered at Augusta, Georgia, on ~ ,1997. ( F&D SWORN TO AND SUBSfIBED BEFORE ME THIS ~ DAY OF --24~~ ' 1997, IN THE ~CE OF: ~~~ ..:.. Notl!iY PU.bllc. Columbja County, Georgl~ My Commieslon..Expires Sims ~, 1998 . .,. ;;~ ~ ...' 'J ,./' ,. --;':..- --: t, --" . ~ --- ~ , - -::--- / ~ '< /,~ ..... ~ "'" ~~ ~ ~ .. -~ -.\.,' :. . ~ - ~ *' ;;;" EXHIBIT "A" n liS Ii':STIWMENT "J{EI',\ R1ill....I!Y: IlEllN.\IW S. DIJNST:\N. m. I II INST:\N. I>\JNST/\N & \ 'I. ,AI{ Y. 1'.('. I'" Ilo:\: c04ti'~1 \11' ;IIST:\, lOEolHOIA jll'l17 t 7(11)) Xf>O.'1'lXj 1{.'11).'l1 ell ****************:~**************************************************************** STATE OF GEORGIA ) ) COUNTY OF RICHMOND) QUIT -CLAIl\tI DEED THIS INDENTURE, made and entered into this 9th of January, 1997, between F & D PROPERTIES, INC., hereinafter called" Party of the First Part" and RICHMOND COUNTY, a, Political Subdivision of the State of Georgia, hereinafter called" Party of the Second Part". WIT N E SSE T H: That the said Party of the First Part for and in consideration of the sum of One Hundred Forty-Two Thousand Two and 68/100 ($142,002.68) Dollars, in hand well and truly paid by the said Party of the Second Part to the Party of the First Part, and in compliance with the order of the Superior Court of Richmond County, Georgia in Civil Action File No. 96-RCCY-999, the receipt of which is hereby acknowledged, has bargained, granted, sold, aliened, conveyed, quit- claimed and confIrmed, and by these presents does bargain, grant, sell, alien, convey, quit-claim and confirm unto the said Party of the Second Part, the property hereinafter described, to-wit: ALL that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being shown and designated as Tract "A' , 4.88 acres, on a Boundary Survey prepared for the Estate of Pauline M. Tiller by Besson & Gore under date of July 18, 1996, a copy of which is recorded in the OffIce of the Clerk of Superior Court of Richmond County, Georgia in Realty Reel 531, pages 923-928. Said propert:/ is the same conveyed to F & D Properties, Inc., by Warranty Deed dated Augus: 7, 1996, recorded in the aforesaid Clerk's Office in Realty Reel 531, page 929. To Have anc. To Hold said property, unto the said Party of the Second Part, in fee simple ~ t furcvcr. IN WITNESS WHEREOF, the said Party of the First Part has caused the presents to be executed by and thl'Ough its duly authorized officer and its seal affixed hereto the day and year first above written. ::DP1~ AS ITS: ~~ (SEAL) ~ness . ! :/Iri fA i- (). l~fv, YNotary Public, Richmond County, Georgia ~I:~\ ~,.1 i I if!" J.,., . "~\ ~ l~'. r" ,J9~ ~,~~P60\DDCS\PM\QCD /:;'.;;;:t~;"~:.=' ;:<;~:\ - ..1 " ~ J G'~.I '~':;..~~:.::~.:.~'.~/\ :~. ., \t~i~~~~,~<:'<i<:.j .