The URL can be used to link to this page

Home My WebLink AboutSETTLEMENT AGREEMENT AND RELEASE JANET AND KEITH PALMER f • SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between Janet Palmer and Keith Palmer, (hereinafter "the Releasors") and Augusta, Georgia, (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 On or about May 28, 2009 there was a sewer backup in Cambridge Subdivision. The sewer system backup affected several homes, to include 3348 Thames Place, Hephzibah, Georgia. Keith Palmer is the owner of 3348 Thames Place, Hephzibah, Georgia. Augusta, Georgia, denies and continues to deny any liability to Releasors for claims arisi�g out - of or related to this event and desire to purchase their peace and to avoid the problem and • expense of further litigation. Releasors 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 Claim upon the terms and conditions set forth herein. Releasors desire 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: 1. RELEASE BY RELEASOR In consideration of the payment of Sixteen Thousand Dollars _ ($16,000.00) (the "Payment"), Releasors have agreed to settle all claims against Augusta, Georgia. Releasors do 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 Releasors ever had, now have, or which may hereinafter accrue or otherwise be acquired on account of, or • Page 1 of 4 � in any way growing out of, related to, or arising from, in any manner or fashion, the sewer � backup. This release on the part of Releasors shall be a fully binding and complete settlement between Releasors and Releasees. In addition, it is specifically understood and agreed that the Payment is intended to compensate the Releasors for property damage, injuries, pecuniary damages and other elements of general damage and economic and non-economic damages that are uncertain in amount and that Releasors specifically agree that in consideration of the Payment, Releasors 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 sewer backup. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasors agree 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. Releasors further agree that all claims or allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. INDEMNIFICATION BY RELEASORS. Releasors, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, hereby agree 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 Releasors may make a claim against on account of, based upon, relating to or arising out of the sewer backup. 4. ATTORNEY'S FEES AND COURT COSTS. As between Releasors 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 Releasors hereby warrant and represent that they are the sole owners of any claims, rights, counts, causes of action, obligations and demands released by the Releasors pursuant to this Release and which are in fact, released by the Releasors 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 Releasors release 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. Releasors represent and warrant that the persons executing this Agreement are duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that • Page 2 of 4 � it is authorized to act on behalf of all persons or entities described in this Release's definition of � Releasors 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. Releasors hereby agree and represent that no promise or agreement not herein expressed has been made to them, and that this Release contains the entire understanding of the Releasors regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. SIGNATURES ON FOLLOWING PAGE � � � Page 3 of 4 � ` IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia � set their hand and seal. Keith Palmer , `z"".� By. �� g Witness Keith Palmer Releasor Janet Palmer ^ By: � Witness Jan t almer Rel or Approved: • � Jo n . Brown tto ey for Releasors Augusta, Geor�ia C � � � " ° Y , �� Witne ;� David S. C..nhauer- 1�1a or , ; � f � ,,,. �1?� . � �' 'a �r�� I � / � � r�� `i� ��*��.�,'�,k� � r. , � ��,�;p�,�q�� Attest°` °' �f��.��Q_��m,o,,•.e, a ' ., G �, �. r . � I, ,�� . �; �� a ena J;� on le issib� � i� � , .� �0 � _ � ; ��' $_ a�� S e1 � � �i`,�� µ �5.. o �� ,'~ U � 1996 e �g ` `� � q;? Q iS . ., jy y7 � ,� ��OdUwe � � or} '�,'> � 't'�. ,:: i�.`'.a� � �� ` �.,�-� Page 4 of � � �;; • k