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Home My WebLink AboutSETTLEMENT AGREEMENT & RELEASE BETWEEN AUGUSTA, GA AND FRANCES WARREN RHODES, ET AL SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter"Agreement")by and between Frances Warren Rhodes,John Scott Coleman,III,David E. Leigh, and Friends of Coleman-Leigh-Warren Cemetery, (hereinafter "the Releasors") and Augusta, Georgia, (referred herein as "Augusta, Georgia" or "Releasee") in the case captioned Frances Warren Rhodes, et. al. v. Augusta, Georgia et. al., Civil Action File No. 2016RCCV0560. 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 November 1997, Augusta, Georgia entered into a lease agreement with Alltel, Inc. (Verizon, Inc., as successor-in-interest) for a cell tower to be located behind the Augusta Fire Station on Washington Road. The cell tower was completed in about January 1998. 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 RELEASOR. In consideration of the payment of Sixty Thousand Dollars ($60,000.00) (the "Payment" and payment of the Special Master fees by Releasees in the above captioned case, Releasors agree as follows: Releasors, through a non-profit (or as otherwise approved by the court),will deed to Releasees the fenced in area containing the cell phone tower(as more fully described in Exhibit A attached hereto), together with an easement along the roadway running north of Washington Road to the cell tower site (as more fully described in Exhibit B attached hereto); Releasees will pay fifty(50)percent of lease revenue received from the cell tower on the property to a non-profit corporation entitled "Friends of the Coleman-Leigh-Warren Cemetery" (hereinafter "Non-Profit) (beginning upon the date of a Court Order transferring this property to the Non-Profit).Releasees agree to accept a deed containing a reversionary clause stating that the property will revert to the Non-Profit, if it ceases to be used as a cell phone tower (or other Page 1 of 5 communications tower)for a period of time of greater than one year. In the event that lease revenues cease to be paid to Releasees,the obligation to pay the Non-Profit half of such proceeds also ceases. Releasors have agreed to settle all claims against Augusta, Georgia. 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, 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 cell tower location on said property. 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 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 cell tower location on said property. Further, Augusta, Georgia will support and agree to an Order establishing title to the 1.1 acre tract property where the cell tower is located in the name of the Non-Profit (or as otherwise approved by the court). Lastly, Augusta, Georgia has full authority to negotiate a lease for a higher rental value that will benefit both Releasors and Releasees. 2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasors agree that this Release is the compromise of a disputed claim 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. Page 2 of 5 3. ATTORNEY'S FEES AND COURT COSTS. As between Releasors and Releasees,Augusta, Georgia, agrees to pay the costs of the Special Master. As to any court costs, each party shall bear its own 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. The payment of Releasors' attorney's fees is included in the Payment referenced in paragraph one above and Releasees will pay their own attorney's fees. 4. RELEASORS' REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasors hereby warrant and represent that they and other heirs of Benjamin H. Warren 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. By having title to this property placed in the non-profit Friends of Coleman- Leigh-Warren Cemetery b Order of the Superior Court, they will be able to convey the property described in Paragraph 1 to Augusta, Georgia. 5. EXECUTION. Releasors represent and warrant that the person(s) executing this Agreement is 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. 6. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 7. 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 5 IN AGREEMENT HERETO, the Releasors and the below representative of Augusta, Georgia set their hand and seal. Frances Warren Rhodes By: Witness Releasor John Scott Coleman, III By: Witness Releasor • David E. Leigh �� , ✓ f , B Lt,,,;() _ _ — Witnes. Releasor Friends of Coleman-Leigh-Warren Cemetery B y:------ ----- Witness Its , Releasor Page 4 of 5 IN AGREEMENT HERETO, the Releasors and the below representative of Augusta, Georgia set their hand and seal. Frances Warren Rhodes By: Witness Releasor John Scott Coleman, III 1111011 ,21' Witness easor . David E. Leigh By' ------- --- — Witness Releasor Friends of Coleman-Leigh-Warren Cemetery By: Witness Its , Releasor Page 4 of 5 IN AGREEMENT HERETO, the Releasors and the below representative of Augusta, Georgia set their hand and seal. Frances Warren Rhodes II, B y:41466 r 6l ,k- Wi' es• Releasor John Scott Coleman, III By: Witness Releasor David E. Leigh By: Witness Releasor Friends of Coleman-Leigh-Warren Cemetery / 111, tnes. Its Z.L,p , Releasor Page 4 of 5 Augusta, Georgia --"11111 do rt. • . WAss 4r Hardie Davis, Jr., Mayor • Atte - .,,,,,,,y,•.,. ,,, .4 1 •••• ,, ,,,,, ,it, b, 15-4/# /ff 70 $ ' ill /4(Ai , z lfr /' ....4fr.,,,;..,A . P- ''e a Jr•PO. 6'"4.- ltric-df' •e41; 4; . • ' *-..pion I; ; - - '••i 4 6 e : . g 4-, `... 4---4. . •,- '''....,...,j,i4 i 0 i fig t V;rf94,6 0 . 1 I .., licil Ch,g- -,c t N 43* 411, ir,..., -V ON v v.* V ,Y Page 5 of 5