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HomeMy WebLinkAboutCHARLES E HATTAWAY JOAN HATTWAY RELEASE OF ALL CLAIMS $16,000.00SETTLEMENT AND RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That Charles E. Hattaway and Joan L. Hattaway (hereinafter Releasors), being of lawful age and of sound mind, for the sole consideration of Sixteen Thousand ($16,000.00) to the undersigned in hand paid, receipt whereof is hereby acknowledged, do hereby and for their heirs, executors, administrators, successors and assigns release, acquit and forever discharge, Augusta, Georgia along with their agents, servants, successors, heirs, executors, administrators, and all other persons, firms, corporations, associations or partnerships (hereinafter Relessees) of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation of whatever kind, fees, including attorneys fees, which the undersigned now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting from, or to result from broken, damaged or leaking water pipes owned or operated by Augusta, Georgia and /or any water running on, over, under or through Charles E. Hattaway's home and property located at 1903 Melrose Drive, Augusta, Georgia 30906 as a result of any action or activity preformed by Releasees or as a result of any leaking water pipes owned or operated by Augusta, Georgia. This release includes, but is not limited to, the release of any and all claims for moisture damage, mold, foundational damage, structural damage, rotting wood, erosion of soil, damage to landscaping, diminution in value of property, condemnation, inverse condemnation and failure to inspect. As part of the consideration herein acknowledged, Releasors agree to erect one or more barriers to prevent any future water runoff from going under any home, structure or other thing of value located on said property and hereby release any and all claims of future damage caused by any such water runoff. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said Releasees deny liability and intend merely to avoid litigation and buy their peace. The undersigned hereby declares and represents that the injuries and /or property damage sustained are or may be permanent and progressive and that recovery therefrom or repair thereto is uncertain and indefinite and in making this Release it is understood and agreed that the undersigned relies wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and property damage and liability therefore and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. The undersigned expressly agrees to keep the terms of this Release confidential. Neither this Release nor any payment pursuant thereto shall be construed as an admission of any liability, such being expressly denied, nor as a waiver by estoppel of any of the parties herein released to make a claim for any damages which they sustained, their claims and causes of action with respect thereto being expressly reserved. Page 1 of 2 THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. THE UNDERSIGNED ACKNOWLEDGE THE RIGHT TO CONSULT WITH LEGAL COUNSEL REGARDING THIS AGREEMENT. Signed, sealed and delivered this 5th day of March, 2010 Charles E. Hattaway, Releasor Sworn to and subscribed Before me, a Notary Public This 5 day of March, 2010. A ' , m d Z 'd L� Notary Public My Commission Expires: Gaynoll S. Sonner Notary Public, Richmond County, Georgia My Commission Fo,,pires on 03-11 -2012 doa L. Hattaway, Releasor Sworn to and subscribed Before me, a Notary Public This 5 day of March, 2010. X Y4�0 , Z- 6 I xstm( Notar Public My Commission Expires: Gaynell S. Bonner Notary Public, Richmond County, Georgia My Commission Expires on 03-11 -2012 Approved as to Form: A Andrew G. MacKenzi Interim General Counsel Augusta, Georgia Georgia, Releasee Page 2 of 2