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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 1 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 2 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 2 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).