HomeMy WebLinkAboutRESOLUTION, SETTLEMENT AGREEMENT AND RELEASE FRANK O. BYRD JR AND BYRD ELECTRIC & PLUMBING $25,000.00 • �
RESOLUTI�N
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLA►IMS
BY FRANK BYRD AND BYRD ELECTRIC & PLUMBING, IN THE
AGGREGATE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
(525,000.00); AUTHORIZING THE AUGUSTA ADMINISTRATOR TO
DISBURSE THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00); AND FUR THE OTHER PURPUSES PROVIDED HEREIN.
WHEREAS, on or about July 18, 20I2 there was a main sewer line backup at 2001 Old
Savannah Raad in Augusta, Georgia; and
VVHEREAS, said sewer line backup caused sewage to enter into the property located at
2001 Old Savannah Road in Augusta, Georgia; and
WHEREAS, Frank Byrd is owner of ihe property located at 2001 Old Savannah Road in
i Augvsta Georgia, and utilizes it for a business known as Byrd El�ctric & Plumbing;
WHEREAS, the property located at 2001 Old Savannah Road in Augusta, Georgia was
damaged by the sewage frorn the sewer line backup;
WHEREAS, Frank Byrd has not filed a lawsuit and wants to resolve his claim;
WHEREAS, Frank Byrd, individually and doing business as Byrd Electric & Plumbing
has agreed to settle all claims against Augusta, Georgia, pursuant to the attached Settlernent
Agreement and Release, for the sum of Twenty-Five Thousand Dollars ($25,OUO.Od); and
WHEREAS, It is in the best interests of Augusta to resolve this matter and pay the
amount of Twenty-Five Thousand Dollars ($25,000.00) to Frank Byrd, individually and doing
business as Byrd Electric & Plumbing to settle all claims of Claimant against A.ugusta, Georgia
arising out of the alleged facts; and
WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein does not
constitute any admissivn of liabiiity on the part of Augusta, Georgia and liability is expressly
denied; and
NOW, TI-IEREI'ORE, BE IT TtESULVEU by the Augusta, Geargia Board of
Commission,
Section Z: The Augusta, Georgia Board of Commission will settle the claims of
Frank Byrd, individually and doing business as Byrd Electric & Plwmbing
for the sum of Twenty-Five Thausand Dollars ($25,000.00).
Section 2: The Augusta administrator is autharized to pay a total surn of Twenty-
Five Thousand Dailars ($25,dOQ.00) to Frank Byrd, rndividually and
doing business as Byrd Electric 8c Plumbing at the direction of thc
Commission and payment shall be in the form of a check payable io
.
Settlement Resolution
Frank Byrd
Page 2 of 2
"FRANK BYRD, INDIVIDUA.LLY AND DOING BUSTNESS AS
BYRD ELECTRIC & PLUMBING". Said Payment shall be with funds
available from Acc�unt No.
Section 3: To the extent that any section of the AUGL'STA, GA. Cons is in conflict
herewith, that subsection is waived far this instance only.
Adopted this � day of , 2012.
1..�`"C �
��� David S. Capenhaver
As its Mayor
� �/r��rz.
Attest:
��� t���,
. ti
ena L'�1 / e 'ssion
j��i ;�,�
Seal: � � = z_ _ ° �
.; .,
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CERTIFICA�i�N�'�•.«N`''� +'`�
, �� c i ►�r'��'
The undersigned Clerk of �ommission, Lena J. Bonner, hereby certifies that the
fore " esolut' n was duIy adopted by the Augusta, Georgia Board of Commission
on , 2012 and that such Resolution has not been modified or rescinded as
of the date hereo and the undersigned further certifies that attached hereto is a true capy of the
Resolution which was approved and adapted in the foregoing meeting(s).
ena . o r, Clerk of Commission
i
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Frank Byrd, individually and doing business as Byrd
Electric & Plumbing (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
On or about July 18, 2012 there was a main sewer line backup at 2001 Old Savannah Road in
Augusta, Georgia. Releasor's property was damaged by sewage that came from the main sewer
line.
Augusta, Georgia, denies and continue to deny any liability to Releasor for claims arising out of
or related to the incident, the claim 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, attarneys and assigns (collectively
"Releasees.)"
NOW THEREFORE, Releasor agrees as follows:
l. RELEASE BY RELEASOR. In consideration of the payment of Twenty-Five Thousand
Dollars ($25,000.00) (the "Payment"), Releasor has agreed to settle all claims against Augusta,
Georgia relating to the July 18, 2012 sewer backup. Releasar does hereby fully, finally, and
completely remise, release, acquit and forever discharge the Releasee 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 Releasor ever had, now have, or which may hereinafter accrue
1
or otherwise be acquired on account of, or in any way growing out of, related to, or arising from,
in any manner or fashion, to the Property damage and/or Lawsuit. This release on the part of
Releasor shall be a fully binding and complete settlement between Releasor and Releasees. This
release shall have no effect on any property dispute not arising out of the July 18, 2012 sewer
backup.
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 agree that in consideration of the Payment, 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 main sewer line backup at 2001 Old Savannah Road in
Augusta, Georgia.
2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees 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. 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 RELEASORS. 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 Property damage and/or Lawsuit.
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. RELEASORS' REPRESENTATIONS AND WARRANTIES. In return for the foregoing
consideration, the Releasor hereby warrants and represents that they are the sole owners 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 they have not assigned any claims they may have against the Releasees to any
person or entity.
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_ _ _
6. EXECUTION. Releasor represent and warrant 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 them, 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.
Frank B rd
B . �
Witness
Releasor
Byrd Electric & Plumbing
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As Its: �
Re easor
Sworn to and subscribed
Before me, a Notary Public
This�'� of
Augusta, Georgia
ary P�i
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