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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO THE REAL PROPERTY OF TIMOTHY GIULIANO LOCATED AT 2405 PERSIMMONE DRIVE, AUGUSTA, GEORGIA RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS RELATED TO THE REAL PROPERTY OF TIMOTHY GIULIANO LOCATED AT 2405 PERSIMMONE DRIVE, AUGUSTA, GEORGIA, IN THE AGGREGATE AMOUNT OF FORTY-THREE THOUSAND FIVE HUNDRED NINTEY-EIGHT DOLLARS AND NINTEY-EIGHT CENTS ($43,598.98); AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF FORTY-THREE THOUSAND FIVE HUNDRED NINTEY-EIGHT DOLLARS AND NINTEY-EIGHT CENTS ($43,598.98); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, on or about January 3, 2017, the Augusta, Georgia Utilities Department responded to a sanitary sewer line backup at 2405 Persimmon Drive that flooded the entire structure, damaging furniture and personal items; and WHEREAS, Claimants have not 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 Fort-Three Thousand Five Hundred Ninety-Eight Dollars and Ninety-Eight Cents ($43,598.98) to Claimant to settle all claims of Claimant against Augusta, Georgia, arising out of the alleged facts; and Eight-Thousand Fifty-Four Dollars and Sixty-Four Cents ($8,054.64) of that amount being previously expended on emergency clean up and lodging leaving a net amount of Thirty-Five Thousand Five Hundred Fifty-Four Dollars and Thirty-Four Cents ($35,544.34) to be expended to resolve the claim; 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 Timothy Giuliano for the sum of Fort-Three Thousand Five Hundred Ninety-Eight Dollars and Ninety-Eight Cents($43,598.98). Section 2: The Administrator is authorized to pay a total sum of Thirty-Five Thousand Five Hundred Fifty-Four Dollars and Thirty-Four Cents ($35,544.34) to Timothy Giuliano at the direction of the Commission and payment shall be in the form of a check payable to "TIMOTHY GIULIANO" 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 Timothy Giuliano Page 2 of 2 / Adopted thi/ day of .if� , 2017. '7764-••riC--i; '''' AOHardie Davis,Jr. i As its Mayor Attest: �...@ve`ar\w�� Ca 144 t' / - 11iGiA41 - , ® 0 f" y en. J. :onner,;,ler!ctfqo r . Ohl � t . j Q S`.r i= t Seal: �; 0 e t,.t _ �#f ��" • or!, ♦" z .. CERTIFICATIONTik r. 4 � 4 ' W The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Commission on , 2017 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