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.
 

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