HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE_ MARION WILLIAMS •
SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Marion Williams, (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
Marion Williams (Releasor) attend and participated in Augusta, Georgia Planning Commission
meetings during the year 2016. Releasor claims he was not given the compensation that he was
owed for that service.
Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of
or related to any failure to compensate Releasor for any services rendered to the Augusta, Georgia
Planning Commission by Releasor.
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 Commissioners, 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 payment of Four Hundred and Fifty
Dollars And Zero Cents (450.00) (the "Payment"), Releasor has agreed to settle all claims against
Augusta, Georgia. 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, 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 or
otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in
any manner or fashion from his participation in Planning Commission Meetings during 2016 . 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 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 Releasors
specifically agree that in consideration of the Payment, Releasor releases 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 flooding.
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. 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. 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 flooding.
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 he is the sole owner 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 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 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. Releasor represents and warrants 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.
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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.
Releasor(s)
B
Witness Marion Williams
Releasor
Augusta, Georgia
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