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AGREEMENT
This agreement is made and entered into and between given by
(XXXXXXX) ("xxxxxxxxxxxxx") and Richmond American Homes of Virginia, Inc.,
("Richmond American") and is intended to effect the settlement and release of
any claims by xxxxxxxxxxxxx against Richmond American hereinafter set forth.
WITNESSETH
WHEREAS, Xxxxxxxxxxxxxentered into a Purchase Agreement with
Richmond American dated May 14, 2000 ("Purchase Agreement"). The Purchase
Agreement provided for the construction and sale of a new home in Prince William
County, Virginia, with a street address of 2900 Brent Ridge Court, Dumfries,
Virginia ("Home"). The Home was constructed by Richmond American and sold to
Xxxxxxxxxxxxx in accordance with the terms and conditions of the Purchase
Agreement; and
WHEREAS, Xxxxxxxxxxxxx have alleged that there are and or
were certain breaches and/or defects associated with the Home, and specifically
related to the flooring and coverings in the Home, and have notified Richmond
American and others of these claimed defects; and
WHEREAS, it is now the desire and express intention of
Xxxxxxxxxxxxx and Richmond American to resolve such claims, and Xxxxxxxxxxxxx
have agreed to execute this Release in full and complete settlement of any and
all claims, disputes, disagreements, and potential litigation between the
parties in connection therewith.
NOW, THEREFORE, in consideration for the following to be
provided by Richmond American at the Home, the receipt and sufficiency of which
is hereby acknowledge:
- Squeaking and uneven sub-floor shall be repaired and adjusted on the 1st
and 2nd levels;
- Overlay (and screw fasten) one half inch plywood existing sub-flooring
on the first and second floors;
- Adjustment of the bottoms of doors after the installation of the one
half inch plywood floorboards;
- Replacement of existing carpet with new carpet of the same original
selection shall be laid on the stairs and entire 2nd floor except
two bathrooms and laundry room;
- Replacement of existing vinyl with new vinyl of the same original
selection shall be laid in the 2nd floor master bathroom, hall
bathroom and laundry room;
- Draftiness and insulation problems of the home shall be corrected,
especially in the areas of the Master suite, Fireplace, Front Door, Garage
Door and Basement;
- Uneven bulges, seams, stud attachments and nail pops on all wall
surfaces across the entire house to be repaired and/or adjusted;
- Family Room window problems shall be corrected for proper operation, as
they are binding and/or loose;
- Stained/Discolored fireplace stones to be replaced;
- Structural noise in the presence of wind shall be addressed;
- Protruding, uneven and out of square tiles in Mater Bathroom shall be
corrected;
- Trim finish in both upstairs bathrooms shall be corrected;
- Distressed and dead lawn shall be aerated, over seeded, and fertilized,
or replace with new healthy lawn;
- Hole from relocated tree shall be back-filled with Soil/Sod;
- Ailing/dead trees and plants at the front of house shall be replaced
with new healthy trees/plants of the same kind and species;
- Exposed drainage at the rear of house shall be reoriented and positioned
correctly so that it drains away from house;
- Stains on front concrete stoop shall be removed;
- Install hardwood floors, Bruce CB-826 Solid Edge, Butterscotch, on the
entire first level.
Xxxxxxxxxxxxx agree to cooperate with Richmond American
in all aspects of
performing the work described in A through R above,
including but not limited to providing necessary access to the property in
order to timely complete the work.
Conditioned upon and subject to the satisfactory
completion of the work identified as A through R above, Xxxxxxxxxxxxx agree
as follows:
- Xxxxxxxxxxxxx shall remove from the internet all displays, e-mails, items, matters, postings, references or sites
regarding or related to the Purchase Agreement, the Home and/or Richmond
American, and all such references to the Purchase Agreement, the Home and
Richmond American shall be and remain permanently removed from the
internet and from all media or other third-party exposure.
- xxxxxxxxx, xxxxxxxx, and Richmond American preserve all rights they
have under RWC New Home Warranty.
- Xxxxxxxxxxxxx understand and agree that except as to any disclosure
which may be required by law, Xxxxxxxxxxxxx shall not distribute, file,
record or reveal this Release or disclose the fact, nature, terms or
conditions of the parties’ disputes, settlement or this Release to any
other persons, firms, organizations or agencies, without the express,
prior, written consent of Richmond American.
- This Agreement may not be amended, altered, modified or changed unless
such amendment, alteration, modification or change is in writing and is
signed by all of the parties to be charged thereby.
- This Agreement shall be binding upon Xxxxxxxxxxxxx and their heirs,
successors and assigns, for the benefit of Richmond American and its
successors and assigns.
This Agreement shall be governed by and construed under the laws
of the Commonwealth of Virginia.
_________________________ Date: ______________
XXXXXXXXXXXXX
_________________________ Date: _______________
XXXXXXXXXXXXX
RICHMOND AMERICAN HOMES OF
VIRGINIA, INC., a Virginia corporation
Date:_____________ By:________________________________
Butch Gearheart, Senior Vice President
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