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HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA GA AND BRANK BURAU AND AUGUSTA GA REFERENCE TO AUGUSTA GA MUNICIPAL GOLF COURSE SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between FRANK BURAU, (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 $542.70 (Five Hundred Forty-Two Dollars and 70/100), 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 IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia set their hand and seal. B i 6� � , itness Frank Burau Augusta, Georgia .�3� � % ���- Witness � David S. Copenhaver, Mayor 1� �� , � ���� , � . .. ... Attest: , ` - , i '� - _'� ; s Lena J. : er, Cferk` Q� C�Y�amissior� ; ,. � `�� �' �, " � x � � ; s � � �," M � � � �� � � �r � ., .� r� � � ��, � ,t,. �, ' ��� ,�� � �': ,� �* � '= �� �,; a, F � � ��; . ! � J �� ^ *3 r` � , � `+, b •: . y�� tl � . .� 'a . �• , _ _. ?': __ � ..,�_- -.. < ... M... � Page 4 of 4