HomeMy WebLinkAboutSettlement Agreement Mabus Construction
Augusta Richmond GA
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SETTLEMENT AGREEMENT
WHEREAS, Mabus Construction Co., Inc. (hereinafter "Mabus"), filed an
action against Augusta, Georgia, and other named Defendants, in the Superior Court of
Richmond County, State of Georgia, same being Civil Action File No. 2002-RCCV -537, for a
breach of contract, direct and consequential damages, attorneys fees, and for equitable relief; and
WHEREAS, all other Defendants in the above stated case have been dismissed
from this action; and
WHEREAS, Augusta has denied any and all liability to Mabus; and
WHEREAS, Mabus and Augusta desire to settle and resolve all issues between
the parties, and including those matters sought to be added by way of counterclaim by Augusta,
Georgia; and
WHEREAS, Augusta has in retainage under the contract the sum of$57,132.84;
and
WHEREAS, Mabus owes Augusta the sum of $68,305.04 for unpaid charges at
the landfill; and
WHEREAS, the parties desire to resolve said dispute by Augusta's paying Mabus
the sum of$57,132.84 for the balance due under the contract; and
WHEREAS, Augusta has agreed to accept the sum of$68,907.66 for the balance
due to Augusta for charges at the landfill by acceptance of a cash payment of$57,132.84, and
granting to Mabus a term of thirty-six (36) months to pay the balance of$11,774.82.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the Parties do hereby agree as follows:
1. Upon execution of this Agreement, Augusta shall pay to Mabus the sum of
$57,132.84 in full payment of all sums due under the contract.
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2. Upon execution of this Agreement, Mabus shall pay to Augusta the sum of
$57,132.84 in partial payment ofthe sums owed by Mabus for charges at the landfill.
3. Thereafter, Mabus shall pay $327.08 per month for thirty-six (36) months
in payment ofthe balance of$11,774.82 owed for charges at the landfill, with the first payment
to be made on or before October 10, 2004, with each monthly payment thereafter to be made on
the 10th of each succeeding month. Should Mabus default in payment by not paying same
within ten (10) days after same becomes due, Augusta shall have the right to pursue collection
against Mabus as provided by law, including interest on any unpaid amount at the rate provided
by law.
4. Upon execution of this Agreement, Mabus shall dismiss with prejudice its
action filed against Augusta.
5. Mabus hereby releases Augusta from any and all liability to Mabus arising
out of or in connection with the contract between Mabus Construction Co., Inc. and Augusta,
Georgia, which was the subject of the above stated case, including all claims made in the above
stated case or which could have been brought and asserted in said case against Augusta. In
addition, Augusta hereby releases Mabus from any and all claims arising out of, or related to the
contract or construction giving rise to the dispute between the parties settled herein, provided,
however, it is specifically understood and agreed that nothing herein shall release Mabus from
any construction defects unknown to Augusta as of the execution of this Agreement or which
may arise in the future.
6. All claims, disputes or other matters in question between Mabus and
Augusta arising out of or relating to this Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. Mabus, by executing this Agreement, specifically
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consents to venue and jurisdiction in Richmond County and waives any right to contest same in
the Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, the parties have had this Agreement executed by its
duly authorized officers and officials this )gfi.. day of &~r, 2004.
MABUS CONSTRUCTION CO., INC.
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BURNSIDE WALL LLP
THOMAS R. BURNSIDE, JR., P. C.
JAMES B. WALL, P. C.
JAMES W. ELLISON
THOMAS R. BURNSIDE, III
MARK B. WILLIAMSON
ATTORNEYS AT LAW
A Limited Liability ,Partnership
Office
454 Greene Street
P. O. Box 2125
Augusta, Georgia 30903
Telephone: (706) 722-0768
Facsimile: (706) 722-5984
E-Mail: Burnsidewall.com
ROBERT C. DANIEL, JR.
(1943-1993 )
October 19,2004
Hand Delivered
Ms. Donna Williams
Accounting
City-County Bldg. (11)
Augusta, GA 30911
RE: Mabus Construction Co., Inc. vs, Augusta, Georgia
Our File No. AR-11-525-02
Dear Donna:
I am enclosing a copy of the Settlement Agreement which has been entered into
between Mabus Construction Co., Inc. and Augusta which resolves (1) the litigation between
Mabus Construction Co., Inc. and Augusta, (2) the payment of the balance of the retain age from
the Utilities Depaliment's contract with Mabus Construction Co. in order for this contract to be
closed, and (3) payment of a portion of the landfill charges incurred by Mabus Construction Co.,
Inc., with the balance to be paid over a thirty-six (36) month period.
I have previously requested and secured a check in the amount of$57,132.84
payable to Mabus Construction Co., Inc., as payment for balance of the retainage on the Mabus
contract with the Utilities Department. This check was drawn from funds of the Utilities
Department. I have now had this check endorsed al1d made payable to Augusta, Georgia, with
these funds to be deposited into the landfill enterprise fund in partial payment of outstanding
charges owed by Mabus Construction.
I am also enclosing a second check from Mabus Construction Co., Inc. in the
amount of$327.08, as the first installment on the remaining balance owed by Mabus
Construction Co., Inc. to the landfill, and this check likewise should be deposited into the landfill
enterprise fund,
By copy of this letter, I am forwarding copies of the Settlement Agreement,
Augusta check payable to Mabus Construction with the endorsement making same payable to
Augusta (for the lal1dfill), and the Mabus check in the alTIount of $327.08, to Steve Little, Doug
Cheek, Mark Johnson, Mary Boswell, and Steve Shepard. Either Mark Jolmson or Mary
Boswell should monitor the payments by Mabus Construction in order to ensure that they are
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BURNSIDE WALL LLP I
Ms. DOlma Williams
Page 2
October 19,2004
timely made, since as set forth in the Settlement Agreement, there should be 35 more monthly
installments of $327.08 each to be credited to the landfill.
I am forwarding the original of the Settlement Agreement to the Clerk of
Commission to be included in the City's permanent records.
Should you have any questions, please give me a call.
With best personal regards, I am
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Jis B. Wall
JBW/sjp
Enclosures
cc: Mr. Doug Cheek
Mr. Steve Little
Mr. Mark Johnson
Ms. Mary Boswell
Mr. Steve Shepard