HomeMy WebLinkAboutSETTLEMENT AGREEMENT & RELEASE -GARY E & JANET W. ERGLESETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement ") by and between Gary E. Ergle and Janet W. Ergle, (hereinafter "the
Releasor ") Augusta, Georgia, (referred herein as "Augusta, Georgia," or "Releasee "). The term
"Releasee" as used herein shall be defined as Augusta, Georgia, Sunbelt Structures, Inc., Georgia
Department of Transportation (hereinafter "GDOT "), 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
WHEREAS, Augusta, Georgia, denies and continue to deny any liability to Releasor for claims
arising out of or related to any encroachment upon the property located at 2001 Glennfield Lane
in the City of Augusta, Georgia (Parcel 013 -3- 153 -00 -0) during the construction of the
Alexander Drive Improvement Project (Project STP- 0001 -00 (794)), and desire to purchase their
peace and to avoid the problem and expense of future litigation; and
WHEREAS, Releasor has agreed to enter into this Release in order to provide for complete
settlement, satisfaction and discharge of any and all past, present or future claims which are or
which might have been the subject of litigation in this matter upon the terms and conditions set
forth herein; and
WHEREAS, Releasor desires to remise, release, acquit and forever discharge Augusta, Georgia,
Sunbelt Structures, Inc., Georgia Department of Transportation (hereinafter "GDOT "), 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 agree as follows:
1. RELEASE BY RELEASOR. In consideration of the mutual agreements and promises set
forth within this Agreement and for the purchase of the above referenced property encroached
upon as indicated in the attached "Closing Statement ", dated November 2, 2012 (Exhibit 1), the
receipt and sufficiency of which are hereby acknowledged, 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, loss of
consortium claims, wrongful death claims, rights, damages, costs, expenses and compensation of
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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
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 encroachment claim on (Parcel 013 -3- 153 -00 -0) during the
construction of the Alexander Drive Improvement Project (Project STP- 0001 -00 (794)). This
release on the part of Releasor shall be a fully binding and complete settlement between Releasor
and Releasees.
In addition, it is specifically understood and agreed that any payment is intended to compensate
the Releasor for 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 release any and all claims that they 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 or
indirectly to the property encroachment.
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 encroachment on (Parcel 013 -3- 153 -00 -0) during
the construction of the Alexander Drive Improvement Project (Project STP- 0001 -00 (794)).
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
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G
t `a X A
Abie Ladson, P.E., CPESC, Director
PURCHASER: Augusta, Georgia
SELLER: Gary E. Ergle and Janet W. Ergle
CLOSING STATEMENT
PURCHASE PRICE:
Paid by Augusta, Georgia
Paid by Sunbelt Structures, Inc.
TOTAL DUE:
Possession of the property is delivered herewith.
This,2' day of ,s/o clog"4 2012
ADDRESS:
2001. GLENNFIELD LANE
AUGUSTA, GA 30909 -0203
Engineering Department
522 Greene Street — Augusta, GA 30901
(706) 79 - 5044 — Fax (706) 821 -1706
www.augustaga.gov
ENGINEERING DEPARTMENT
Gary E. Ergle
$1,650.00
$1,000.00
$2,650.00
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ZU (51A-
Jane . Ergle
Jim Williamson,
Hameed Malik, PhD., PE, Asst Director Land Acquisitions Manager
EXHIBIT
Etc do;l
PROPERTY: Purchase for right -of -way of 0.0097 acre (424 sq. ft.) in fee in connection with the
Alexander Drive Project, GDOT Project #STP- 0001 - 00(794), Project Parcel 11 (Tax
Map 013 -3, Parcel 153) (2001 Glennfield Lane).