HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE BETWEEN AUGUSTA, GEORGIA AND MAYER ELECTRIC SUPPLY CO. SETTLEMENT AGREEMENT AND RELEASE
This document sets forth the terms and conditions of the Agreement and General Release
(hereinafter "Release") by and between Mayer Electric Supply Co., Inc., (hereinafter "the
Releasor") 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 18, 2017 there was a sewer backup at 1259 Augusta West Parkway, Augusta,
Georgia 30909. Mayer Electric is the tenant of 1259 Augusta West Parkway, Augusta, Georgia
30909.
Augusta, Georgia, denies and continues to deny any liability to Releasor for claims arising out of
or related to this event and desires to purchase their peace and to avoid the problem and expense
of litigation.
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") from the claims released herein.
NOW THEREFORE,Releasor agrees as follows:
1. RELEASE BY RELEASOR. In consideration of the payment of Fifty-Five Thousand, Five
Hundred Dollars and Zero Cents ($55,500.00) (the "Payment"), Releasor has agreed to settle all
claims against Augusta, Georgia arising out of or related to this event. 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 has, 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
Releasor shall be a fully binding and complete settlement between Releasor and Releasees.
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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
Releasor specifically agrees that in consideration of the Payment, Releasor releases any and all
claims that it ever had, now has 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. 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. Releasor further agrees 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 sewer backup.
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
this Release, and the sewer backup.
5. RELEASOR'S REPRESENTATIONS AND WARRANTIES. In return for the foregoing
consideration,the Releasor hereby warrants and represents that it is the sole owner of any claims,
rights, counts, causes of action, obligations and demands released by the Releasor 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. The parties understand and acknowledge that the Property Owner may have claims
against Releasees which is not subject to this Release.
6. 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.
7. SUCCESSORS.This Release shall be binding upon and inure to the benefit of the Parties and
their respective successors and assigns.
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8. ENTIRE AGREEMENT. Releasor hereby agrees and represents that no promise or
agreement not herein expressed has been made to it, 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.
Mayer Electric Supply Co., Inc.
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