HomeMy WebLinkAboutTHOMPSON FARMS RELEASE
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STATE OF GEORGIA
COUNTY OF RICHMOND
RELEASE
THIS AGREEMENT, entered into this ~ day of August, 2009, by and between THOMPSON
FARMS, hereinafter referred to as the "OWNER", and AUGUSTA, GEORGIA, a political subdivision
of the State of Georgia, hereinafter referred to as the "AUGUSTA."
WHEREAS, OWNER, owns the real property located at 1887 Lovers Lane (Map and Parcel
113-0-001-00-0) (the "Property"); and
WHEREAS, the Property was assessed from 1966 to 2008 based on acreage of315.36 acres; and
WHEREAS, in 2009 the assessment for the Property decreased the acreage from 315.36 to
310.06 acres to account for 5.30 acquired by AUGUSTA in 1966; and
WHEREAS, OWNER contends that it is entitled to a refund for taxes collected on the 5.30 acres
owned by AUGUSTA since 1966; and
WHEREAS, AUGUSTA maintains that OWNER is not entitled to such a refund or the full
amount requested by OWNER; and
WHEREAS, the parties desire to set their agreement down in writing.
WHEREAS, AUGUST A and OWNER have agreed to an amount to be refunded to OWNER to
avoid litigation regarding the taxes; and
NOW THEREFORE, in consideration of the sum of$l, 200.00, OWNER shall remise, release,
and forever discharge (and for its successors, assigns, heirs, executors, administrators, agents and
representatives shall remise, release and forever discharge) AUGUSTA and the AUGUSTA _
RICHMOND COUNTY BOARD OF TAX ASSESSORS of and from all claims, demands, rights and
causes of action of whatsoever kind and nature (including but not limited to claims and causes of action
for negligence, negligent report, breach of contract, breach of warranty, fraud, fraudulent
misrepresentation and concealment, attorney fees, punitive damages, enhanced damages or any other
type of damages) arising from the collection of taxes from OWNER for attributable to the 5.30 acres
owned by AUGUSTA and previously included in the tax assessment calculations for the Property.
By making this settlement and taking this Release, AUGUSTA merely intends to avoid further
litigation. This Agreement in no way prejudices the rights of Augusta to deny liability as to any issue,
allegation or matter in this or any later suit or other proceeding.
Both parties acknowledge this Release is the entire agreement of the parties and that any prior
oral or written agreements are merged into this document.
Both parties acknowledge that they, their legal counsel acting on their behalf, or some other
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person( s) authorized to act on their behalf, have read this entire Release and that the terms are
acceptable to them.
Both parties represent that they have the opportunity to retained separate legal counsel to
represent them and advise them as to the terms of this Agreement, and that such counsel was available
for consultation concerning this Agreement.
This agreement is made and shall be construed under the laws of the State of Georgia. Any
dispute concerning the interpretation or enforcement of this Release shall be resolved in the Superior
Court of Richmond County, Georgia, the jurisdiction and venue of which is consented to by all parties.
IN WITNESS WHEREOF, the parties have caused the execution of this agreement by and
through their duly authorized officers and agents, the day and year first above written.
SIGNED, SEALED, AND DELIVERED OWNER in our presence:
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Thompson Farms
BY:~~~
Augusta, Georgia
By: G~~
Its: Mayor
Attest: "
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