FINAL SETTLEMENT
PROPOSAL
OFFERED BY OLDHAM ON JANUARY 9, 2006
This will be my final offer to the HOA to resolve this matter without taking it
all the way to a judgment, and it is non-negotiable:
1. We dismiss our
claims against each other, without prejudice. We both bear our own expenses of
litigation and attorney's fees.
2. The HOA waives
its claim against me for all fines that have allegedly accrued.
3. I will reinstate
my prior arrangements with Peachtree Post to install my mailbox. Once the new
mailbox is installed, I will retire the catfish mailbox I am currently using.
4. I will install
such additional landscaping as I intend to install on or before May 28, 2006.
The HOA can decide after that date whether it wants to sue me again for any
alleged deficiencies.
5. Heritage
Management sends a letter to the HOA members stating the following: "In order to
avoid additional litigation expenses and without admitting any liability to each
other, the High Gables Homeowners Association and Larry Oldham have resolved the
litigation between them on a mutually acceptable basis and have dismissed their
claims against each other."
6. I will revise
the <High Gables> web page to say "In order to avoid additional litigation
expenses and without admitting any liability to each other, the High Gables
Homeowners Association and Larry Oldham have resolved the litigation between
them on a mutually acceptable basis and have dismissed their claims against each
other. While this web page will continue to exist in its present format, Mr.
Oldham has agreed to make no further revisions to it other than posting a
file-stamped copy of the Mutual Dismissal Without Prejudice filed by the parties
to the <Pleadings> page." I will move the current main page text to a <January 7
Posting> linked page. I agree to make no further postings of any information on
the web pages except what exists as of the date of this letter other than as
specified in the preceding sentences; provided, however, that I will continue to
update the <What the Neighbors Say> and <Opinions and Commentaries> links with
any new comments I might receive in the full.
7. If you, the
Board or any of its members want to post your own opinions and commentaries
regarding this matter, I agree to do so in unedited form and will create a
special link for same. As you know, this agreement represents a continuation of
an open offer to post information in support or opposition which is submitted to
me by anyone who wants to make a contribution.
8. If we settle
this matter on the terms I propose herein, I agree to keep this letter and its
contents confidential and will not disseminate it in any way. I will also keep
the contents of any reply letter you send to me confidential. If the HOA does
not accept the offer set forth herein, however, I am going to post this letter
and any response you send me on the web page and I will also provide a copy of
this letter to all of the HOA members. I will thereafter pursue my claims
zealously.
This offer remains open for
acceptance by the HOA until 5:00 p.m. on January 20, 2006, at which time it will
stand withdrawn without any further action by me. I will deem the HOA's failure
to provide me with anything other than an unconditional written acceptance of
this offer on the terms set forth herein to be an expression of its intent to
escalate this matter beyond the point of no return and I will proceed
accordingly.
For the full
contents of the letter, click
this link.
Copyright © Larry C. Oldham, P.C.
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