HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA, GEORGIA AND TROY D. MEEKS AND JONATHAN E. OWENS L'
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SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter"Agreement")by and between Augusta, Georgia(hereinafter"the Releasor")and Troy
D. Meeks and Jonathan E. Owens, (referred herein "Releasee"). The term "Releasor" as used
herein shall be defined as the Consolidated Government of Augusta, Georgia, and all current and
former commissioners, 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 the period of March 8, 2017 to March 17, 2017, Augusta, Georgia equipment and the
time of their employees were expended at 1282 Booths Branch Road in Lincolnton,Georgia. 1282
Booths Branch Road in Lincolnton, Georgia is a private parcel of property owned by Jonathan E.
Owens and Troy D. Meeks. The use of public equipment and resources on private property is
strictly prohibited by the Georgia Constitution as an impermissible gratuity.
Troy D. Meeks and Jonathan E. Owens both deny and continues to deny any liability to Releasor
for claims arising out of or related to any failure to compensate for the services rendered by
Augusta, Georgia.
Releasee 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 civil 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, and forever discharge Troy D. Meeks and Jonathan E. Owens
(collectively "Releasees.)."
NOW THEREFORE, Releasor agree as follows:
1.RELEASE BY RELEASOR. In consideration of the payment of Five Thousand Four Hundred
Fifty-Five Dollars and Sixteen cents. ($5,455.16) (the "Payment"), Releasor has agreed to settle
all civil claims against Troy Meeks and Jonathan E. Owens for claims arising from the use of
Augusta, Georgia employees and equipment at 1282 Booths Branch Road in Lincolnton, 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, 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,e 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 the recitals
contained herein. This release on the part of Releasor shall be a fully binding and complete
settlement between Releasor and Releasees.
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2. SETTLEMENT NOT AN ADMISSION OF LIABILITY. Releasor agrees that this Release
is the compromise of a 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 civil responsibility
have been and are denied by Releasees.
3.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.
4. EXECUTION. Releasor represents and warrants that the person 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
Releasor concerning all matters addressed in this Agreement.
5. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
6.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.
Releasee(s)
By:
—71.7."'"----i- Troy D. M:-ks
Releasee
0 i 5:.(2\..._.______e___0By
Witness Jon. han E. Owens
' easee
Releasor
Augusta, Georgia
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