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<br />£:¡. ¡" b,f <br />ft· <br /> <br />SETTLEMENT AGREEMENT AND RELEASE <br /> <br />THIS SETTLEMENT AGREEMENT AND RELEASE (hereinafter "Agreement") made by <br /> <br />and between JAMES MICHAEL (J .M.) HA TT A WAY (hereinafter "Hattaway") and the CITY OF <br /> <br />CASSELBERRY, a Florida municipal corporation (hereinafter "CITY"). Both Hattaway and the <br /> <br />City shall collectively be known as the "Parties." <br /> <br />WITNESSETH: <br /> <br />WHEREAS, on September I, 2005, James Michael (1. M.) Hattaway, (hereinafter <br /> <br />"Hattaway") filed with the City of Casselberry (hereinafter "City"), a Notice of Claim under the Bert <br /> <br />J. Harris Private Property Rights Protection Act; and Hattaway is willing to accept a monetary sum <br /> <br />from the City in settlement of this claim relative to what shall hereinafter be referred to as the "434 <br /> <br />Property," described below; and <br /> <br />WHEREAS, Hattaway owns another billboard in the City on an easement he owns on 17-92 <br /> <br />(hereinafter "17-92 Property"), as more particularly described in paragraph 3 below, and is willing to <br /> <br />accept compensation from the City to remove that billboard from the 17-92 Property; and <br /> <br />WHEREAS, the parties desire to amicably resolve all issues between them and avoid the <br /> <br />additional expense and uncertainty of litigation. <br /> <br />NOW, THEREFORE, for and in consideration of the promises contained herein and other <br /> <br />good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the <br /> <br />parties hereto agree as follows: <br /> <br />I. The recitals set forth herein form a material part of this Agreement. This Agreement <br /> <br />does not constitute an admission of fact or liability for any of the parties. <br /> <br />2. The legal description of the "434 Property" is as follows: <br /> <br />East 25 feet of Block D, COLONNADES I ST SECTION, according <br />