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Home My WebLink AboutSETTLEMENT AGREEMENT AND RELEASE BY AND BETWEEN PATRICIA PACE AUGUSTA GEORGIA SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between Patricia Pace, (hereinafter "the Releasor") Augusta, Georgia, (referred herein as "Augusta, Georgia" or "Releasee"). The term "Releasee" as used herein sha11 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 On or about December 9, 2008, the Augusta, Georgia Utilities Department had completed repairs from a broken water main at 3428 Applejack Terrace, had opened meters at 3416 (vacant house undergoing renovations where water had been shut off at owners request during renovation period) and 3418 Applejack Terrace to bleed air from lines. From December 9, 2008 until December 17, 2008 when owner returned to the residence water had been constantly leaking from an upstairs faucet and home was flooded and Releasor claims she suffered property damage. Augusta, Georgia, denies and continue to deny any liability to Releasor for claims arising out of or related to the accident, the claim and desire to purchase their peace and to avoid the problem and expense of further litigation. Releasor enters 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 Claim upon the terms and conditions set forth herein. Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia, 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.)" NOW THEREFORE, Releasor agree as follows: L RELEASE BY RELEASOR In consideration of the payment of Sixty Five Thousand Dollars ($65,000.00) (the "Payment"), Releasor has agreed to settle all claims against Augusta, Georgia. The settlement includes a provision whereby Releasor agrees to transfer and assign her interest in all claims of any description she may have against her insurer, Allstate Insurance Company for damage or loss to her property located at 3416 Applejack Terrace Road on or about 1 December 9, 2008, 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 ui�iown, 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 agrees that in consideration of the Payment, Releasor releases any and all claims that she ever had, now has 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. 2. RELEASE BY RELEASEES. Except as otherwise provided in any assignment of claims to Releasees, as part of this negotiated settlement agreement Releasees do hereby fully, finally, and completely remise, release, acquit and forever discharge the Releasor from and all past, present or future claims, demands, obligations, lawsuits, actions, causes of action, rights, damages, costs, expenses and compensation of any kind or nature whatsoever, related to the property damage claims referred to in paragraph one above and also regarding the bill of cost Order issued September 18, 2002 by the United States District State Court for the Southern District of Georgia, Augusta Division, Civil Action File No. CV 100-032. Except as otherwise provided in any assignment of claims to Releasees, this release shall be a fully binding and complete settlement between Releasor and Releasees. 3. 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. 4. INDEMNIFICATION BY RELEASOR. 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 based upon any claim that the Releasor may hereafter make on 2 account of, based upon, relating to or arising out of the Property damage. This indemnification does not apply to any claims assigned to Releasees pursuant to paragraph one above. 5. ATTORNEY'S FEES AND COURT COSTS. As between Releasor and Releasees, each pariy 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. 6. RELEASOR'S 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 covenants that she has not assigned any claims she may have against the Releasees to any person or entity. 7. EXECUTION. Releasor represents and warrants that the person executing this Agreement is duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that she 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. S. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 9. 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 set their hand and seaL Patricia Pace `�. , � • By: Q�� Witness As Its: Releasor Approved: ---___� ��,.,�..►. ��„ • ,� � ��';,� ��c�/�� Troy A. Lanier � �' ��,��' �°��'�� Attorney for Releasor °` �'4` Q o�" d3 !�, � � �a ?'£.'ry �` •��4�'��.i`t � w � �' i`,�_. 4�k n � S`O�OTI'� tO� C�''L��GTl�� B 'S � +,t:x� ��C Th� �� Of � ' �U 11. � •e• �yr p �(�� . `i �i� G� � i dr-�� Augusta, Georgia otary Public My Commission Expires: Notary a��u�i,,i�,, s�i��r„orc� County, Georgia f -- � MY Co;-��°;��^��n ��fres Jan. �� 2012 l —�— �,��Vh David S. Cope aver, Mayor `��a�� Attest: � �' ��o�t� ; � � � 1 � � d 1, Le a J. Bonner, le o�mmissi��'•.�d �� e r� o i 1� � �` `� �'� . ' � ' '''� � Witness �. c � � � Sworn to and subscribed �`'4 Before me, a Not ry Public Thi�.'�x�J day ofy� �� 201 L � ��``��.��- ,.°'�' `" �� 1 �� Mp9 �� . � G Notary i • � My Co�i�ssi `, � ��G m C� I�O � �� '�,; 4 +�� `; ol��` STATE OF GEORGIA COUNTY OF RICHMOND ASSIGNMENT OF A CLAIM FOR DAMAGES This Assignment of a Claim for Damages is made and entered into this Z'3 �� day of�� September, 2011, by Palxicia T. Pace (hereinafter referred to as "Assignor"), and it is delivered to Augusta, Georgia (hereinafter called "Assignee"); and For Value Received, the Assignor hereby sells and transfers to the Assignee and its successors, assigns and personal representatives, any and all claims, demands, and causes of action of any kind whatsoever which the undersigned has or may have against Allstate Insurance Company (Policy Number 9 10 240885), arising from the following type claim: On or about December 17, 2008, property located at 3416 Applejack Terrace Road sustained water damage. Assignee may in its own name and for its own benefit prosecute, collect, settle, compromise and grant releases on said claim as it in its sole discretion deems advisable. IN WITNESS WHEREOF, the parties have executed this Assignment on the day and year first above written. , atricia T. Pace, Assignor Augusta, Georgia, Assignee C�i.�C�, ��I� David S. Copenhaver � i l � As its Mayor � � � Attest � -��; - f � ��.,o r� c I F G i .j.: '� W� P�� c :J 1�,.• v� O� � p '��` y� 9 a� Lena dB� � r = mr�gi�si� �� : s1'. �4 •� � •�� Seal: �`,, � � 1996 ,�� '�; 4� �y �� . .._ ,r+l� ��,�'�'v CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission �� on , � / 2 , 2011 and that such Resolution has not been modified or rescinded as of the te hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which wa approved and adopted in the foregoing meeting(s). � i �,ena J. Bo r, Clerk of Commission