Re Jonathan Sweatman V. Sarah Zeeman V. Jonathan Sweatman Counteroffer¶

Brett and Jeff,

Good afternoon. Please see Mr. Sweatmans counteroffer below. Please let us know if you have any questions regarding the terms below. Thanks.

1. The property line and fence will be moved back approximately 2 5 with the fence to be moved within 60 days of execution of the settlement agreement. (Regarding the distance, this allows Sweatman's existing gate post to define the new fence corner, and hence property line. Since this post is already in place, it creates a reference point for all parties during this settlement negotiation and for the rest of the fence, as it is moved. Regarding timing, moving the fence will be better done after the Crepe Myrtles have been pruned, which is commonly done in the Fall. The 60 days allows Mr. Sweatman's landscapers time to prune these)

Zeeman also agrees to allow the radius of the below-ground concrete base supporting each new post, not to exceed 6" from the post and hence the property line, to cross the new property line. This will allow the actual fence posts to sit directly on the new line and hence the fence to actually define the line.

Sweatman will complete the fence relocation, weather delays notwithstanding, within 60 days after execution of the settlement agreement, conditioned upon Zeeman remediating the items in item 14 supra within 30 days after execution of the agreement.

1. Zeeman agrees to allow Sweatman unencumbered access to her property to make the move and to re-stain the fence as needed, and to not call the police nor code enforcement on Sweatman during the move process, nor to file any complaints about the fence meeting City code. (It will be the same fence, just moved)

2. Ms. Zeeman will have approval to tie-in to the corner posts at each end of the fence to create a return for her own fencing.

3. Acknowledgment that there is not currently any drainage and/or water being directed, aside from the natural flow to Ms. Zeemans Property.

4. No admission of guilt.

5. Waiver of any and all claims, including a waiver as to any adverse possession claims, with a reservation of claims related to water-runoff in the event your client were to take action or conceal (e.g. piping, underground drainage) water re-direction on to Ms. Zeemans Property.

6. Non-disparagement provision.

7. Confidentiality provision.

8. Mutual dismissal with prejudice.

9. Mutual release of all claims.

10. Indemnification provisions.

11. Each party covering their own legal fees.

12. In the event a party is required to file suit to enforce the settlement, reasonable attorneys fees and expenses to the prevailing party.

13. Water remediation/installation of drainage pits beneath the 3 downspouts adjacent to Sweatman Property. Ms. Zeeman agrees to remediate the HVAC condensate outflow, the outflow under the garden window and the 3 gutter downspouts on the side of her house adjacent to Mr. Sweatmans property, so as to prevent HVAC condensate, outflow water, and/or gutter downspout rainwater from flowing onto Mr. Sweatmans property, by either installing suitable sized drainage pits below each down spout or following the recommendations of a licensed hydrologist; to be completed within 30 days of the date of the executed settlement agreement. Mr. Sweatman will permit access by an insured contractor to his property, if needed, to install the water flow solution(s).

14. Payment to Mr. Sweatman in the amount of $13,250.00 for the reconfiguration of the property land and fence expenses.

15. The parties agree that Survey Land Express, Inc. will depict and memorialize the new boundary line. At Ms. Zeemans expense, the surveyor will prepare new surveys and legal descriptions for both real properties affected as well as the legal description to be used and carved out for the conveyance deed from Mr. Sweatman to Ms. Zeeman.

16. In addition, Ms. Zeeman agrees her counsel will draft the settlement agreement, all conveyance deeds and Ms. Zeeman agrees to cover any and all costs and expenses associated with the settlement, including but not limited to: the surveyors costs to prepare new surveys depicting the updated boundary line and the new legal descriptions for both affected properties, all recording costs related to the survey and new legal descriptions and conveyance deed, and to prepare and file any and all variance applications and/or permits that are required by City of Brookhaven and/or DeKalb County related to the revised boundary line agreement and the sale of the affected properties. Copies of all documents to be shared immediately with Mr. Sweatman.

Lisa Rose Rose Litigation, LLC

Mailing: 4880 Lower Roswell Rd. Ste 165-522 Marietta, GA 30068

Physical: 533 Johnson Ferry Road, Bld. D, Suite 400, Marietta, GA 30068 O: 678.806.8188 E: lisa@roselitigation.lawyer