HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN DAVID HARKINS AND AUGUSTA GA REGARDING AUGUSTA GA MUNICIPAL GOLF COURSE Y
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between DAVID HARKINS, (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 $1,342.00 (One Thousand
Three Hundred Forty-Two Dollars), 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.
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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 Releasar 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
unknown, undisclosed or unanticipated losses, wrongs, injuries, debts, claims, benefits or
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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 (`BEOC") (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 se�c., 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 seQ•, 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 and/or
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
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.
IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia
set their hand and seal.
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Augusta, Georgia
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Witness David S. Copenhaver, Mayor
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