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Home My WebLink AboutGEICO INSURANCE COMPANY SETTLEMENT AGREEMENT AND RELEASE RELATED TO THE DAMAGE OF PERSONAL PROPERTY OWNED BY DEREK M SNEAD ,. �.� , °�- ;' U : E' , � R .`; �'i " I : A SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between GEICO INSURANCE COMPANY, (hereinafter "the Releasor") and Augusta, Georgia, (referred herein as "Augusta, Georgia" or "Releasee"). The terrn "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 June 15, 2011 a tree limb fell at 1405 Glenn Avenue in Augusta, Georgia 30904, and said limb fell on a vehicle owned by policyholder Derek M. Snead. Derek Snead's 2007 Chevy Tahoe was damaged. Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of or related to this event 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 agrees as follows: 1. RELEASE BY RELEASOR. In consideration of the payment of Nine Thousand Six Hundred Forty Seven Dollars and Forty Seven Cents ($9,647.47) (the "Payment"), Releasor has agreed to settle all claims against Augusta, Georgia for Subrogation Claim number 038094355- 0101-019. Releasor does hereby fully, finally, and completely remise, release, acquit and forever discharge the Releasees of and from any and atl past, present or future claims, demands, obligations, lawsuits, actions, causes of action, 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 damag�s; which Releasor ever had, now have, or which may hereinafter accrue or otherwise be acquired an account of, or in any way growing out of, related to, or arising from, in any manner or .fashion, Subrogation Claim number 038094355- • Page L. of 4 0101-019. This release on the part of Releasox 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 property damage, 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 he 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 ar indirectly to the Subrogation Claim number 038094355-0101-019. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doabtfu� and disputed clai:ns and that the Payinent mad� is not to be construed as an admission of liability, negligence, wi11fu1 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 ar allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. 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 that the Releasor may make a claim against on account of, based upon, relating to or arising out of the fallen tree branch at 1405 Glenn Avenue, Augusta, Georgia 30904. 4. ATTORNEY'S FEES AND COURT C'OSTS. 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. � �. RELEASUR'S REPR�;SENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasor hereby warrants and represents that he 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 they may have against the Releasees to any person or entity. Page 2 of 4 � �, e . IN AGKEEMENT HERETO, the Releasor and the below representative of Augusta, Georgia set their hand and seal. GEICO INSURANCE COMPANY � �. � �'" B y. Witness � a,� Releasor a` �aw►a��a�ar 'r s��1� �. L/� � Sworn to and subscribed .��° � ::.•�»�». ' BefoX�ne, a Notary ublic ? 2 � r • f a OT+�q� `��► This{� day of ��20i2. _ � �� : ` s - :..•o�B t,�G �r � ",,� �j�'•••......• �` .��. N ary Public �°��,,,e�C�O��,.�`� My mission Expires: � � � � ��5. � AUGUSTA, GEORGIA �7 �� ,.----- W ess � Davi'd S:'�bpen�li"aver,"NI`ayor� "+ �� .:�.� ,�,,��,. z ` �f � �� R��A �-�.��{ A�test "�� °°�.. �'` � �� °• � '' � �' °�� L na J. r onn , lerk of �orr��rriis�on . ... t� .� .,. . .. . . Sworn to and subscribed � � Before me, a Notary Public T��; �012. : �'� � � �....�,,,� ��',, � 2 i bc1 i��QeC� � �N c / ��g,�f��xpires: ' ��fiG��::3'.:�� '�� • i,��/ `` p` Page 4 of 4