HomeMy WebLinkAboutGustave Merkle
Augusta Richmond GA
DOCUMENT NAME: G u 5+-u..0e. (YI LrJ({L
DOCUMENT TYPE: Q 9 ree- N-n. t
YEAR: / qq 5
BOX NUMBER: I
FILE NUMBER: ) !A5Lc5
NUMBER OF PAGES:
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PAUL H. DUNBAR, III
City Attorney
December 29, 1995
Mr. Charles Dillard
Acting Administrator
The City Council of Augusta
Augusta-Richmond County
Municipal Building
Augusta, Georgia 30911
Re: Gustave L. Merkle, et al. vs. The Board of
Commissioners of Richmond County, Georgia,
et al.
Superior Court of Richmond County, Georgia
Civil Action File No. 93-RCCV-527
Dear Charles:
I am forwarding to you enclosed herewith a copy of the
Release Agreement signed by Plaintiff Gustave L. Merkle in the above
referenced case. This should be retained in the City's permanent
files.
With all best wishes, I remain,
Very truly yours,
p~nbar, III
PHD,III/tls
Enclosure
FIFTEENTH FLOOR, FIRST UNION BANK BUI LDING, AUGUSTA, GEORGIA 30910-2599
TELEPHONE: (706) 722-7542 FAX: (706) 724-7776
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RELEASE AGREEMENT
For $37,500.00 in hand paid to GUSTAVE MERKLE (Merkle), and other good a valuable
consideration, Merkle hereby releases and discharges THE BOARD OF COMMISSIONERS OF RICHMOND
COUNTY, GEORGIA, BELLSoUTH TELECOMMUNICATIONS, INC., and the CITY COUNCIL OF AUGUSTA
(the Parties) from all actions, causes of action, claims, demands, injuries, damages and expenses
asserted, or which could have been asserted, including all claims for attorney's fees, in Civil Action
File'No. 93-RCCY.:.527 in the Supt:::"ior Court of Richmond County, Georgia, whether now known or
unknown and whether now or hereafter accrued.
Without limiting the generality of the foregoing, Merkle dismisses and discharges the Parties
from all claims relating to the operation of the Emergency 911 System (System) in Augusta, Georgia,
or RiChmond County, Georgia; from all claims of an indirect tax arising from System charges; from
all claims under a.C.G.A. ~~ 46-5-133 and 46-5-124 and any other section or provision of the
Georgia Emergency Telephone Number 911 Service Act of 1977, as amended; from all claims -of
unlawful distribution of public funds and illegal collection and disbursal or handling thereof; and from
. all claims of violations of Article I, Section I, Paragraph I of the Georgia Constitution and the due
"process provisions of the Georgia and United States Constitutions.
ThisRelease"shall be binding upon the-named parties hereto, their successors, representatives,
executors, administrators, agents, employees and assigns.
It is understood and agreed that this Release is intended as a full and final compromise and
settlement of disputed cla"ims and that this Release, and the compromise and settlement evidenced
hereby, shall never be contended or construed to be an admission of liability or wrongdoing by any of
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the Parties and any such contention of liability or wrongdoing is expressly denied.
This Release has been completely read, fully understood and voluntarily accepted for the
_.purpose of making a full and final compromise and settlement and Merkle has been advised..in regard
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to same by his attorney and has not relied on any other representation or inducement by the Parties or
their counsel.
This Release shall be governed arid construed under the laws of the State of Georgia.
IN WITNESS WHEREOF, thi~ document has been duly executed as an instrument under seal
this ti day of Dece~ber, 1995.
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GUST AVE L. MERKLE
(L. S .)
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