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Home My WebLink AboutSETTLEMENT AGREEMENT AND RLEASE BETWEEN MYRA CORNELL AND AUGUSTA GA REFERENCE TO THE AUGUSTA MUNICIPAL GOLLF COURSE .� .' SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between MYRA CORNELL, (hereinafter "the Releasor") 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 The Patch of Augusta LLC employees claim that they were not compensated for work performed on the Municipal Golf Course, aka the Patch, and that Releasor, as owner of the premises benefited from such work; Releasor was at all times an Employee of the Patch of Augusta, LLC and at no time was the Releasor an Employee and/or Agent of Releasee; Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of or related to these occurrences but desire to assist the Releasor in being paid for services provided which may have benefitted the Mayor and the Citizens of Augusta. Releasor enters into this Release in order to provide compensation for Releasor's contractual services 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 $590.40 (Five Hundred Ninety Dollars and 40/100), Releasor has agreed to settle all claims against Augusta, Georgia as owner of the property. 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 on account of property damage as stated above, and regardless of the theory of damages, which Releasor ever had, now has, 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, the abandonment of the Municipal Golf Course by the Patch of Augusta, LLC, and any non-payment of the Patch of Augusta, LLC's employees as it relates to Releasee and The Patch of Augusta, LLC. This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. Page 1 of 4 1 In addition, it is specifically understood and agreed that the Releasee is not responsible to the Releasor for any additional compensation, 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 return of Releasor's equipment, Releasor releases any and all claims that it 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 abandonment of the Municipal Golf Course by the Patch of Augusta, LLC and any non-payment of the Patch of Augusta, LLC's employees. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the payment of compensation for services provided at the Municipal Golf Course, aka The Patch 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 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 compensation of services to employees of the Patch of Augusta, LLC. 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. RELEASOR'S REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasor hereby warrants and represents that it 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. In consideration for the execution of this Agreement, Releasor of his own free will, knowingly and voluntarily releases and forever discharges the Releasee of and from any and all actions or causes of action, suits, claims, and promises, in law or equity, which Releasor may now have against the Releasee, up to and including the date he executes this Agreement, including all uiiknown, undisclosed or unanticipated losses, wrongs, injuries, debts, claims, benefits or Page 2 of 4 t • damages, for, upon or by reason of any matter, cause or thing, including, but not limited to any claims which are part of, could have been asserted in or relate in any way, directly or indirectly, to the pending charges and related matters with the United States Equal Employment Opportunity Commission ("EEOC") (including, but not limited to, No. 410-2011-02164) (the "Charge(s)") and any other claim arising out of Employee's employment with or any other matter involving Employer or any Released Party and including, but not limited to, any alleged violation of the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et s�, as amended; the Civil Rights Act of 1991; Section 1981 through Section 1988 of Title 42 of the United States Code, as amended; the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq•, as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213, as amended; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et se�c ., as amended; the Equal Pay Act of 1963, 29 U.S.C. §§ 206(d), as amended; the Fair Credit Reporting Act; the Workers Adjustment and Retraining Notification Act; the Immigration Reform and Control Act, as amended; the Occupational Safety and Health Act, as amended; Georgia Fair Employment Practices Act — O.C.G.A.. §45-19-20 et seq.; Georgia AIDS Confidentiality Act — O.C.G.A.. §24-9-47; Georgia Equal Pay Act (Sex Discrimination in Employment) — O.C.G.A. §34-5-1 et seq.; Georgia Age Discrimination in Employment Act — O.C.G.A. §34-1-2; Georgia Equal Employment for Persons with Disabilities Code — O.C.G.A. §34-6A-1 et seq.; Georgia Wage Payment and Work Hour Laws; or any other federal, state or local human rights, civil rights, wage-hour, pension or labor laws, rules andlor regulations, or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or public policy, contract, tort or common law, including, but not limited to, any claims for loss of consortium, any claims for costs, fees, or other expenses, including attorney's fees incurred in these matters at any time prior to and including the date of execution of this Agreement. Releasor confirms that he has reported all hours worked and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Releasor may be entitled to from the Patch of Augusta, LLC. 6. 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 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 him, 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 Page 3 of 4 e IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia set their hand and seal. �..:_.„ � s� ,.-�, � �� "�, �� B �f,�� ' y' � ��"' Witness M ra ell Au�usta, Geor� �� tt� — Witn ss David S. Copenhaver, Mayor �C`�9 ��1�est:' . . _ <. ._ . . . � ' ena . � er; Clerk of Commission f �. i ,� � r Page 4 of 4