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
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Adopted thi/ day of .if� , 2017.
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AOHardie Davis,Jr.
i As its Mayor
Attest: �...@ve`ar\w��
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CERTIFICATIONTik
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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