HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF SUBROGRATION CLAIM NUMBER 1267262 BY CHURCH MUTUAL INSURANCE COMPANY IN THE AMOUNT OF $30,000.00 •
RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF
SUBROGATION CLAIM NUMBER 1267262 BY CHURCH MUTUAL
INSURANCE COMPANY, IN THE AGGREGATE AMOUNT OF THIRTY
THOUSAND DOLLARS AND ZERO CENTS ($30,000.00);
AUTHORIZING THE AUGUSTA, GEORGIA ADMINISTRATOR TO
DISBURSE THE AMOUNT OF THIRTY THOUSAND DOLLARS AND
ZERO CENTS ($30,000.00)AND FOR OTHER PURPOSES.
WHEREAS, on or about July 23, 2015 there was a sewer backup at 2805 Wylds Road,
Augusta, Georgia 30909; and
WHEREAS, said sewer backup caused sewage to enter into the dwelling located at 2805
Wylds Road,Augusta, Georgia 30909; and
WHEREAS, the property located at 2805 Wylds Road, Augusta, Georgia 30909 was
damaged by the sewer backup and it cost Fourteen Thousand Seven Hundred and Eight Dollars
and Zero Cents ($14, 708.00)for Emergency Clean-up services;
WHEREAS, Strong Tower Christian Fellowship suffered damage to its property located
at 2805 Wylds Road, Augusta, Georgia 30909, and personal belongings as a result of the
incident;
WHEREAS, Strong Tower Christian Fellowship filed a claim with Church Mutual
Insurance Company for the damage to its property and personal belongings therein;
WHEREAS, Church Mutual Insurance Company paid to repair the damage to the
property located at 2805 Wylds Road and replace the personal belongings by its policyholder,
Strong Tower Christian Fellowship;
WHEREAS, Church Mutual Insurance Company is seeking reimbursement for these
costs in the form of a Subrogation Claim;
WHEREAS, Church Mutual Insurance Company has agreed to full settlement of
Subrogation Claim Number 1267262 against Augusta, Georgia, pursuant to the attached
Settlement Agreement and Release, for the negotiated sum of Thirty Thousand Dollars and Zero
Cents ($30,000.00); and
WHEREAS, General Counsel considers it to be in the best interests of Augusta to resolve
this matter and pay the amount of Thirty Thousand Dollars and Zero Cents ($30,000.00) to
Church Mutual Insurance Company to settle all claims of Claimant against Augusta, Georgia
arising out of the alleged facts; and
WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein does not
constitute any admission of liability on the part of Augusta, Georgia and liability is expressly
denied; and
Settlement Resolution
Church Mutual Insurance Company
Page 2 of 5
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Board of
Commission,
Section 1: The Augusta, Georgia Board of Commission will settle the Subrogation
Claim Number 1267262 of Church Mutual Insurance Company for the
sum of Thirty Thousand Dollars and Zero Cents ($30,000.00).
Section 2: The Augusta, Georgia Administrator is authorized to pay a total sum of
Thirty Thousand Dollars and Zero Cents ($30,000.00) to Church Mutual
Insurance Company at the direction of the Commission and payment shall
be in the form of a check payable to "CHURCH MUTUAL INSURANCE
COMPANY". Said Payment shall be with funds available from Account
No. 611015213 5523506.
Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict
herewith,that subsection is waived for this instance only.
Adopted thisOay of Jir'UGIU ,2017.
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1611 Hardie Davis,Jr.
As its Mayor
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CE TIFICANFE 0R0 41
The undersigned Clerk of Commission, Lena J. Bonner, hereby c rtifies that the
foregoing Resolution was duly adopted by ti ,Au t 7. iax..Board of Commission
on , 2017 and that such Resolution has not been modified or rescinded as
of the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Resolution which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Settlement Resolution
Church Mutual Insurance Company
Page 3 of 5
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Church Mutual Insurance Company, (hereinafter "the
Releasors") 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 23, 2015 there was a sewer backup at 2805 Wylds Road, Augusta, Georgia
30909. Strong Tower Christian Fellowship is the owner of 2805 Wylds Road, Augusta, Georgia
30909.
Augusta, Georgia, denies and continues to deny any liability to Releasors for claims arising out
of or related to this event and desire to purchase their peace and to avoid the problem and
expense of further litigation.
Releasors enter 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. Releasors desire 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, Releasors agree as follows:
1. RELEASE BY RELEASORS. In consideration of the payment of Thirty Thousand Dollars
and Zero Cents ($30,000.00) (the "Payment"), Releasors have agreed to settle all claims against
Augusta, Georgia for Subrogation Claim Number 1267262. Releasors do 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
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 Releasors 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 sewer backup. This release on the part of Releasors shall be a fully
binding and complete settlement between Releasors and Releasees.
In addition, it is specifically understood and agreed that the Payment is intended to compensate
the Releasors 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
Releasors specifically agree that in consideration of the Payment, Releasors release any and all
claims that they ever had, now have or may have for all items or damages, whether general or
Settlement Resolution
Church Mutual Insurance Company
Page 4 of 5
specific or punitive or exemplary, based upon, resulting from, arising out of, relating to, or
connected directly or indirectly to the sewer backup.
2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasors agree 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. Releasors further agree that all claims or allegations of fault, liability, negligence, and
legal responsibility have been and are denied by Releasees.
3. INDEMNIFICATION BY RELEASORS. Releasors, in consideration of the promises set
forth herein, the receipt and sufficiency of which is hereby acknowledged, hereby agree 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 Releasors may make a claim against on account of,
based upon, relating to or arising out of the sewer backup.
4. ATTORNEY'S FEES AND COURT COSTS. As between Releasors 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 Releasors hereby warrant and represent that they are the sole owners of any
claims, rights, counts, causes of action, obligations and demands released by the Releasors
pursuant to this Release and which are in fact, released by the Releasors 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 Releasors release 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.
6. EXECUTION. Releasors represent and warrant that the person executing this Agreement are
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
Releasors 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. Releasors hereby agree and represent that no promise or agreement
not herein expressed has been made to them, and that this Release contains the entire
understanding of the Releasors regarding the matters contained herein and that the terms of this
Release are contractual and not merely a recital.
[SIGNATURES ON FOLLOWING PAGE]
Settlement Resolution
Church Mutual Insurance Company
Page 5 of 5
IN AGREEMENT HERETO, the Releasors and the below representative of Augusta,
Georgia set their hand and seal.
Church Mutual Insurance Company
By:
Witness as its
Releasor
Church Mutual Insurance Company
By:
Witness as its
Releasor
Augusta, Georgia
Witness Hardie Davis,Jr., Mayor
Attest:
Lena J. Bonner, Clerk of Commission