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Home My WebLink AboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA, GA AND CHURCH MUTUAL INSURANCE COMPANY IN THE AMOUNT OF $30,000.00 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. Page 1 of 4 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 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. Page 2 of 4 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] Page 3 of 4 IN AGREEMENT HERETO, the Releasors and the below representative of Augusta, Georgia set their hand and seal. Church Mutual Insurance Company ,' • • •• 4 ,sej� as its__A/41 ,,,,, ,,Ot y ilf \),-c..c PCe-$,cell NO7- - eleasor cn I. A �.�9j '° • GSC "•,�0.k.••....... �� , Church Mutual Insurance Company WiscoFV° •• . By: 'Witness as its Releasor Augusta, Georgia _Ik4/24 . Witness Ao Hardie Davis,Jr.,Mayor L Attest- e4.11 is 14 Baty 1111111, ... ,. Iii 0. -It 1 Len •::► „, i4yt"; 4p 'ssion 0 1 t. '::.' ° �a �r i+ at 44 ••..4114....." it ' 1. 4141bEEORGij;01, . Page 4 of 4