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HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA, GEORGIA AND BEATRICE RAY ROGERS SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between Beatrice Ray Rogers (hereinafter "the Releasor") and Augusta,Georgia, (referred herein as"Augusta,Georgia"or"Releasee").The term"Releasees"as used herein shall be defined as Augusta, Georgia, and all current and former commissioners, employees, servants, agents, officials, insurers, and attorneys, in their official and individual capacities,together with their predecessors, successors and assigns,both jointly and severally. In consideration of the mutual covenants and agreements set forth below,the parties agree as follows: RECITALS WHEREAS,on or about February 7,2018,the Releasor,through counsel,served a notice of claim on Augusta, Georgia alleging personal injury and damages arising from a motor vehicle accident on or about November 28,2017 with a vehicle operated by the Augusta,Georgia Fire Department (the"Claim"). WHEREAS, the Releasor has not filed a lawsuit and wants to settle her Claim against Augusta, Georgia; and WHEREAS, Augusta, Georgia denies and continues to deny any liability to Releasor for claims arising out of or related to any damage to her person or property as a result of the Accident and desire to purchase its peace and to avoid the problem and expense of further litigation; and WHEREAS, Releasor has agreed to enter into this Release in order to finalize and complete a settlement, satisfaction and discharge of any and all past, present or future claims which are or which might have been the subject of a lawsuit upon the terms and conditions set forth herein; and WHEREAS,Releasor desire to remise,release, aquit and forever discharge Augusta,Georgia,its respective past, present and future employees, partners, officers, directors, shareholders, principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions, agents, representatives, predecessors, successors, insurers, attorneys and assigns (collectively "Augusta, Georgia.") NOW THEREFORE,Releasor agrees as follows: 1. RELEASE BY RELEASOR. Releasor has agreed to settle all claims against Augusta, Georgia. The Releasees shall pay thirty-five thousand dollars ($35,000.00)(the "Settlement Amount"). The Settlement Amount shall be issued in a single check payable to the Beatrice Ray Rogers and Ken S.Nuggent,P.C.within ten(10)days of execution of this Agreement. Releasor does hereby fully, finally, and completely remise, release, acquit and forever discharge the Releasees of and from any and all past, present or future claims, demands, obligations, lawsuits, actions, causes of action, rights, damages, costs, expenses and compensation of any kind or nature whatsoever,known or unknown,foreseen or unforeseen, direct or indirect,fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless of the 1 theory of damages, which Releasor ever had, now has; or which may hereinafter accrue or otherwise be acquired on account of, or in any way growing out of,related to,or arising from the Claim, in any manner or fashion. This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. Releasor releases any and all claims that she ever had, now has or may have for all items or damages,whether general or specific or punitive or exemplary,based upon,resulting from,arising out of, relating to, or connected directly or indirectly to any damage to her person or property caused by the motor vehicle accident. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY, Releasor agrees that this Release is the compromise of doubtful and disputed claims and is not to be construed as an admission of liability,negligence,willful and wanton conduct, or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages,but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense. Releasor further agrees that all claims or allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. INDEMNIFICATION BY RELEASOR. Releasor, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to defend, indemnify and hold harmless Releasees against any and all claims, demands, and causes of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence, strict liability or any other allegation of fault by Releasees that are asserted by any person or entity that the Releasor may make a claim against on account of,based upon,relating to or arising out of the Claim. 4. ATTORNEY'S FEES AND COURT COSTS.As between Releasor and Releasees,each party shall bear its own attorney's fees and expenses and court costs incurred in connection with the Claim,this Release,the matters and documents referred to herein,the entry of a final judgment and all related matters. S. RELEASOR'S REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasor hereby warrants and represents that she is the sole owner of any claims, rights, counts, causes of action, obligations and demands released by the Releasor pursuant to this Release and which are in fact, released by the Releasor pursuant to this Release and that no other persons or entities have any interest in any claims, rights, counts, causes of action,obligations or demands which the Releasor releases pursuant to this Release and further covenants that she has not assigned any claims she may have against the Releasees to any person or entity. 6. EXECUTION. Releasor represents and warrants that the person(s) executing this Agreement is duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that she is authorized to act on behalf of all persons or entities described in this Release's definition of Releasor concerning all matters addressed in this Agreement. 2 • a 7. SUCCESSORS.This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 8. ENTIRE AGREEMENT. Releasor and Releasees hereby agree and represent that no promise or agreement not herein expressed has been made to them, and that this Release contains the entire understanding of the Releasor and Releasees regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. BEATRICE RAY ROGERS By: ' -e_2. /.r- eatrice Ray Rogers ,•�. SRI C L4 4"1 �'� T Sworn to and subscribed .• Q 1�10� ?�� t. Before me, a Notary Public �' :0oFG'O �Rs �; This 13 day of Mme.0—) ,2019 :_ 6,ye $GIS m 022 -� -,4 -44:7C 047 .. ,,�O i Nr ei�i�9 Notary `.`is My Commission Expires: 12 y No 172 AUGUSTA, GEORGIA By: x� /6/14 Hardie Davis,Jr.,Mayor Attest: 3 I iu i R gIPBOflfiet4m2 ,- Clerk of Commissjo ` ,„* x m GA'• , a.•vi, �,,,..**tr..,,,,,,too SVA 73:� +e"y R s'w 4 t C " 7 0 M. r} C - ✓ ,''i; ¢(. c `▪" ° F. 8� cs 4,a g r f 3 r i.