Loading...
HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY MAYER ELECTRIC SUPPLY CO., IN THE AGGREGATE AMOUNT OF FIFTY-FIVE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY MAYER ELECTRIC SUPPLY CO., IN THE AGGREGATE AMOUNT OF FIFTY-FIVE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($55,500.00); AUTHORIZING THE AUGUSTA, GEORGIA ADMINISTRATOR TO DISBURSE THE AMOUNT OF FIFTY-FIVE THOUSAND, FIVE HUNDRED DOLLARS AND ZERO CENTS ($55,500.00); AND FOR OTHER PURPOSES. WHEREAS, on or about July 18, 2017 there was a sewer backup at 1259 Augusta West Parkway, Augusta, Georgia 30909; and WHEREAS, said sewer backup caused sewage to enter into the building located at 1259 Augusta West Parkway, Augusta, Georgia 30909; and WHEREAS, the building located at 1259 Augusta West Parkway, Augusta, Georgia 30909 was damaged by the sewer backup and it cost Twenty-five Thousand, Two Hundred and Forty-six Dollars and Sixteen Cents ($25, 246.16) for Emergency Clean-up services; WHEREAS, Mayer Electric Supply Co. is the tenant of 1259 Augusta West Parkway, Augusta, Georgia 30909; WHEREAS, Mayer Electric Supply Co. has not filed a lawsuit and want to consider settling their claim prior to filing a lawsuit; WHEREAS, Mayer Electric Supply Co. has agreed to settle all claims against Augusta, Georgia, pursuant to the attached Settlement Agreement and Release, for the sum of Fifty-Five Thousand, Five Hundred Dollars and Zero Cents($55,500.00); and WHEREAS, General Counsel considers it to be in the best interests of Augusta to resolve this matter and pay the amount of Fifty-Five Thousand, Five Hundred Dollars and Zero Cents ($55,500.00) to Mayer Electric Supply Co. to settle all claims of Claimant against Augusta, Georgia arising out of the alleged facts; and WHEREAS, Augusta, Georgia 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; and NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Board of Commission, Section 1: The Augusta, Georgia Board of Commission will settle the claims of Mayer Electric Supply Co. for the sum of Fifty-Five Thousand, Five Hundred Dollars and Zero Cents ($55,500.00). Section 2: The Augusta, Georgia Administrator is authorized to pay a total sum of Fifty-Five Thousand, Five Hundred Dollars and Zero Cents ($55,500.00) Settlement Resolution Mayer Electric Supply Co. Page 2 of 2 to Mayer Electric Supply Co. at the direction of the Commission and payment shall be in the form of a check payable to "MAYER ELECTRIC SUPPLY CO." 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. Adopted this'fday of ,v1 2018. • Hardie Davis,Jr. A� As its Mayor >�;,., /� / Q ` rR /9 :® C� `is,,�wwwm�t Atte ' � 4 . . a n . l. ....,- •Ar f `. :,,,w,..„!:, � fi ,. t B• ; 5.„, ,,o'..,-of c onvlissibn 4,. 7 - ! 1 f p; .- � f CRTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Resolution was duly adopted by the Augusta, Georgia Board of 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