HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA, GA AND GEORGIA POWER FOR 2424 MADRID DRIVE, AUGUSTA, GA 30906 SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Agreement") by and between Georgia Power, (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 August 1, 2017 Augusta, Georgia employees utilized the Georgia 811 services to
request Georgia Power make certain repairs to facilities (wires) belonging to the Augusta
Utilities Department at or near 2424 Madrid Street in Augusta, Georgia.
Georgia Power hired a contractor to perform the services of having the property dug pursuant to
Augusta's request.
Subsequently Augusta, Georgia's employees informed Georgia Power that the request should
have sent to a different utility provider and not Georgia Power.
Georgia Power has recently sent an invoice and provided notice of a claim against Augusta,
Georgia to recover costs for said expenses related to this matter.
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 the invoiced amount of
Three Thousand, Six Hundred and Seventy-one Dollars and Twenty Cents ($3,671.20) (the
"Payment"), 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
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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 property damage to
Releasors 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 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 property damage.
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 property damage.
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
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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]
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IN AGREEMENT HERETO, the Releasors and the below representative of Augusta, Georgia
set their hand and seal.
Georgia Power
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