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Home My WebLink AboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO 2018RCCV00010 MILLER V. LAMKIN ET AL., IN THE AGGREGATE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000.00) RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO 2018RCCV00010 MILLER V. LAMPKIN ET Al., IN THE AGGREGATE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000.00); AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000.00); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, on or about August 10, 2017, Ms. Miller and her children were evicted from their residence on after she did not answer a Dispossessory Affidavit she received after the Court Date. Ms. Miller claims that she did not receive notice that she was supposed to appear in Court on July 21, 2017 until July 23, 2017, several days after the Affidavit was filed. Ms. Miller claims because of the actions of Mr. Shealy, she received her notice to appear after the date she was supposed to appear in Court.; and WHEREAS, Claimants have filed a lawsuit and want to settle their claim against Augusta, Georgia; and WHEREAS, it is in the best interests of Augusta, Georgia to resolve this matter and pay the amount of Forty Thousand Dollars ($40,000.00) to Claimant to settle all claims of Claimant against Augusta, Georgia, arising out of the alleged facts; and WHEREAS, Claimant acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta, Georgia and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Section 1: The Augusta, Georgia Commission will settle the claims of Jennifer Miller for the sum of Forty Thousand Dollars ($40,000.00). Section 2: The Administrator is authorized to pay a total sum of Forty Thousand Dollars and ($40,000.00) to Lakiesha S. Fair of The Fair Law Firm, L.L.C., attorney for the Claimant at the direction of the Commission and payment shall be in the form of a check payable to "Lakiesha S. Fair" Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in conflict herewith, that subsection is waived for this instance only. Settlement Resolution Jennifer Miller Page 2 of 2 /i Adopted thi day of R(.Il/ ,2018. 77 Hardie Davi As its Maya ttest: ,�40:0;4414.+14.-444 -, ate y 17 V, .1P tit, if s, elena ifh IPmfrst pan 4.c . * t s Ieal: Z �. : Y ssyM 34, uCER FICATIk ® ,mil,' s The undersigned Clerk of Commission, Lena J. "Bonner, hereby `certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on , 2018 and that such Resolution has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Resolution which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission SETTLEMENT AGREEMENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement") by and between Jennifer Miller, (hereinafter "the Releasor") and Augusta, Georgia, Marshal Ramone Lampkin, and Geoffrey Shealy(referred herein as "Augusta, Georgia" or"Releasee") the parties in Richmond County Superior Court Case 2018RCCV00010. 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 10, 2017, Ms. Miller and her children were evicted from their residence on after she did not answer a Dispossessory Affidavit she received after the Court Date. Ms. Miller claims that she did not receive notice that she was supposed to appear in Court on July 21, 2017 until July 23, 2017, several days after the Affidavit was filed. Releasor claims because of the actions of Mr. Shealy, she received her notice to appear after the date she was supposed to appear in Court. Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of or related to any damage stemming from the eviction on August 10, 2017 and all other allegations from the above styled case. 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 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 Forty Thousand Dollars ($40,000.00) (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, 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 Releasor ever had, now have, or which may hereinafter accrue or otherwise be acquired on account of, or Page 1 of 4 in any way growing out of, related to, or arising from, in any manner or fashion the flooding. This release on the part of Releasor shall be a fully binding and complete settlement between Releasor and Releasees. 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 Page 2 of 4 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. DISMISSAL. Releasor agrees to dismiss with prejudice Richmond County Superior Court Case captioned: "Miller v. Lampkin"2018 RCCV 00070 9. 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] Page 3 of 4 IN AGREEMENT HERETO, the Releasor and the below representative of Augusta, Georgia set their hand and seal. Releasor(s) YCLA l'e s . By: Witness Jennifer Miller Releasor Augusta, Georgia t--/kta,44119,..)10 01 P91'''------- 2 ,, Witness ' 1 Hardie Davis, jayor Attest: 1" iito., ' lkie ;. AlmA.411:iih•",. 1,4:14d,. /i '' '` : ' ;74ki f s.e•, Mission i s i " A % `# Page 4 of 4