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.
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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
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