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HomeMy WebLinkAboutREBA SPIVEY SETTLEMENT OF ALL CLAIMS ($27,500)RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY REBA SPIVEY IN THE AGGREGATE AMOUNT OF TWENTY - SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500); AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWENTY -SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500); WAIVING AUGUSTA - RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Reba Spivey has a lawsuit now pending in the Richmond County Superior Court, Civil Action File No. 2007 -RCCV -142; WHEREAS, both parties to said civil action desire to settle all claims; and WHEREAS, Claimant has agreed to settle all claims against Augusta - Richmond County for the sum of twenty -seven thousand five hundred dollars ($27,500.00); WHEREAS, it is in the best interests of Augusta - Richmond County to resolve this matter and pay the amount of twenty -seven thousand five hundred dollars ($27,500.00) to Claimant to settle all claims of Claimant against Augusta- Richmond County arising out of the alleged facts; WHEREAS, Augusta - Richmond County acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta - Richmond County and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta - Richmond County Commission, Section 1: The Augusta - Richmond County Commission will settle the claims of Reba Spivey for the aggregate amount of twenty -seven thousand five hundred dollars ($27,500.00). Section 2: The County Administrator is authorized to pay a total sum of twenty -seven thousand five hundred dollars ($27,500.00) to Reba Spivey at the direction of the Commission and payment shall be in the form of a check payable to Attorney Edw. B. Stalnaker on behalf of Reba Spivey. Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Settlement Resolution Reba Spivey Page 2 of 2 f F Adopted this, day of l�'( , 2010. �, ►, David S. Cope aver 61411P As its Mayor Attest r Len J. o Jerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the fore g Resol 'on was duly adopted by the Augusta - Richmond County Commission on , 2010 and that such Resolution has not been modified or rescinded as of the dat "hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). e a J. Bong, Jerk of Commission SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement ") by and between Reba Spivey (hereinafter "the Releasor ") Board of Commissioners of Augusta - Richmond County, Georgia and Augusta, Georgia d/b /a Augusta - Richmond County (referred herein as "Augusta, Georgia" or "Releasee "). The term "Releasee" 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, REBA SPIVEY has made a claim (hereinafter "the Claim ") for survivor's benefits vs. Augusta, Georgia as an alleged third party beneficiary of the 1949 Augusta Employees General Retirement Act; WHEREAS, REBA SPIVEY commenced a lawsuit against Augusta, Georgia entitled Reba Spivey vs. Board of Commissioners ofAugusta, Richmond County Georgia, Civil Action Number 2007 -RCCV -142, filed in the Superior Court of Richmond County for the State of Georgia, wherein she sought monetary damages from said Board and Augusta, Georgia (the "Lawsuit "); and WHEREAS, Augusta, Georgia and it's Commissioners, deny and continue to deny any liability to Releasor for liability arising out of or related to said Claim, the lawsuit and desire to purchase their peace and to avoid the problem and expense of further litigation; and WHEREAS, Releasor has agreed to enter into this Release in order to provide for certain payments in full, final and complete settlement, satisfaction and discharge of any and all past, present or future claims which are or which might have been the subject of the lawsuit upon the terms and conditions set forth herein; and WHEREAS, Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia, and 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 "Releasees.)" 1 NOW THEREFORE, Releasor agree as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of twenty seven thousand five hundred and no /100 dollars ($27,500.00) (the "Payment "), the receipt and sufficiency of which is hereby acknowledged, 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, loss of consortium claims, wrongful death claims, 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 theory of damages, which Releasor ever had, now have, or which may hereinafter accrue or otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in any manner or fashion, her Claim and /or Lawsuit. This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. In addition, it is specifically understood and agreed that the Payment is intended to compensate the Releasor for injuries, pecuniary damages and other elements of general damage and economic and non - economic damages that are uncertain in amount and that Releasor specifically agree that in consideration of the Payment, Releasor release any and all claims that they ever had, now have 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 the Claim and /or Lawsuit. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made 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 RELEASORS. 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 and /or Lawsuit. 4. ATTORNEY'S FEES AND COURT COSTS. As between Releasor and Releasees, each party shall bear its own attorneys fees and expenses and court costs incurred in connection with the Accident and /or Lawsuit, this Release, the matters and documents referred to herein, the entry of a final judgment and all related matters. 2 5. RELEASORS' 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 covenant that he has not assigned any claims she may have against the Releasees to any person or entity. 6. EXECUTION. Releasor represent and warrant that the person executing this Agreement is duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that it 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. 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 hereby agrees and represents that no promise or agreement not herein expressed has been made to her, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. 9. CONFIDENTIALITY. As part of the consideration for settlement of this case, the Releasor for herself and on behalf of her attorneys, hereby agrees that the amount of settlement, the terms of the settlement, the names of the parties involved and the facts and circumstances surrounding this Release, the Incidents and Lawsuit shall not be disclosed, released or publicized in any manner to any third party except as required by law. SIGNATURES ON FOLLOWING PAGE 3 IN AGREEMENT HERETO, the Releasor and the below representatives of Augusta, Georgia and Augusta - Richmond County, Georgia set their hand and seal. 6�7 Witness Sworn to and subscribed Before me, a Notary ublic This# of , 2010. �_�`e` Notary Public �� My Commission Expires: _q11 7�� Reba Spivey Releasor t A�1� Edw. B. Stalnaker Attorney for Plaintiff, Reba Spivey A CM David S. Copenliver, Mayor O $t AAugusta, Georgia i i Sworn to and subscribed Before me, a Notary Public ThisQAay of , 2010. )OL4 av /0 I�a� Notary blic My Commission Expires: Notary Puts' o, r° r`, , C My Corarrru t; E' v J 3 27, 20 I n 4 Atte t: r � t, ena j e , Cl of Commission