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HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN HOLLCO AUGUSTA GEORGIA G E' R G 1 S} FTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement ") by and between Hollco, Inc., (hereinafter "the Releasor ") Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 (referred herein as "Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4" or "Releasee "). The term "Releasee" as used herein shall be defined as Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4, 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 January 25, 2010, employees of Augusta, Georgia began cleaning property located at 605 Montgomery Street in the City of Augusta of weeds and overgrown vegetation wherein Hollco, Inc. claims it suffered property damage; WHEREAS, Hollco, Inc., commenced a lawsuit against Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 entitled Hollco, Inc., vs. Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4, Civil Action Number 2010RCCV00667, filed in the Superior Court of Richmond County for the State of Georgia, wherein they sought monetary damages from Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 arising from the property damage (the "Lawsuit "); and WHEREAS, Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4, deny and continue to deny any liability to Releasor for claims arising out of or related to the accident, 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, John Doe -1, John Doe -2, John Doe -3 and John Doe -4, their 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: L RELEASE BY RELEASOR. In consideration of the payment of Twenty Five Thousand Dollars ($25,000.00) (the "Payment ") and the dismissal the Augusta, Georgia's counterclaim for the cleanup fees, 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, to the Property damage 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 Property damage 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 Property damage and/or Lawsuit. 2 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 lawsuit, this Release, the matters and documents referred to herein, the entry of a final judgment and all related matters. 5. RELEASORS' REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasor hereby warrants and represents that they are the sole owners 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 they have not assigned any claims they 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 them, 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. SIGNATURES ON FOLLOWING PAGE 3 IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 set their hand and seal. Hollco, Inc. S . i • . /_., By 4 " , S Witness As Its f ES 10 F-rJT Releasor Approved: Jai es B. ott r • tome, fir Hollco, Inc. Sworn to and subscribed Before me, a Notary ublic This iliday of 2011. U C Augusta, Georgia Notary Publ' My Commissionxpires CO ;d J_______ David S. Cope aver, Mayor 7 i V` Attest: s- -,,,'• . JL k ' /J , i 'i ' a eStl %'er, ° , Commission i '% '1‘• 0 J Witness j 0 ,- s® ' 0 ��. y 4,, ifr n Sworn to and subscribed ; y ,t,- Before ., Public This Zay it' ° 4J ; 011. „� J r t1 i . 2 - 0)&44043 No . .43 ,:%.. e My ,,, je I 4 49I4 i O °e 4 RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY HOLLCO, INC., IN THE AGGREGATE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00); AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00); AND FOR OTHER PURPOSES. WHEREAS, Hollco, Inc., has a lawsuit now pending in the Superior Court of Richmond County, State of Georgia, Civil Action File No. 2010 RCCV 00667; WHEREAS, both parties to said civil action desire to settle all claims; and WHEREAS, Hollco, Inc. has agreed to settle all claims against Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 for the sum of Twenty Five Thousand Dollars ($25,000.00); WHEREAS, General Counsel considers it to be in the best interests of Augusta to resolve this matter and pay the amount of Twenty Five Thousand Dollars ($25,000.00) to Hollco, Inc. to settle all claims of Claimant against Augusta, Georgia, John Doe -1, John Doe -2, John Doe -3 and John Doe -4 arising out of the alleged facts; WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta, Georgia 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 Hollco. Inc. for the sum of Twenty Five Thousand Dollars ($25,000.00). Section 2: The County Administrator is authorized to pay a total sum of Twenty Five Thousand Dollars ($25,000.00) to Hollco, Inc. at the direction of the Commission and payment shall be in the form of a check payable to "THE LAW OFFICE OF TROTTER JONES, LLP, on behalf of HOLLCO, INC." 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. y t Settlement Resolution Hollco, Inc. Page 2 of 2 Adopted this 1- day of t -- 1 , 2011. C f 2 a p i A6 David S. Cope aver 1'11 As its Mayor u Attest: �^ tir �4 e CAI /I/ , . � % rem J. onn e /C erk of Commission:. • 0 "vof Seal: ",e r CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the fore 4 • Res lutio was duly adopted by the Augusta - Richmond County Commission on , 2011 and that such Resolution has not been modified or rescinded as of the date hereof a d the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). en. J. Bonner, ° lerk of Commission