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.)"
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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.
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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
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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
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J
Witness j 0 ,- s®
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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