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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS OF LILLY JONES, MICHAEL TANKERSLEY AND TOTALLY KIDS DAYCARE RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY LILLY JONES, MICHAEL TANKERSLY, AND TOTALLY KIDS DAYCARE, IN THE AGGREGATE AMOUNT OF TWENTY-FIVE THOUSAND, EIGHT HUNDRED AND SIXTEEN DOLLARS AND ELEVEN CENTS ($25,816.11); AUTHORIZING THE AUGUSTA, GEORGIA ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWENTY-FIVE THOUSAND, EIGHT HUNDRED AND SIXTEEN DOLLARS AND ELEVEN CENTS ($25,816.11) CENTS; AND FOR OTHER PURPOSES. WHEREAS, on or about October 10, 2018 there was a sewer backup at 2428 Wheeless Road,Augusta, Georgia 30909; and WHEREAS, said sewer backup caused sewage to enter into the building located at 2428 Wheeless Road,Augusta, Georgia 30909; and WHEREAS, Lilly Jones is the property owner and Totally Kids Daycare and Michael Tankersley are the tenants of 2428 Wheeless Road, Augusta, Georgia 30909; WHEREAS, there has not been a lawsuit filed and the parties want to consider settling their claims prior to filing a lawsuit; WHEREAS, Lilly Jones, Totally Kids Daycare, and Michael Tankersley has agreed to settle all claims against Augusta, Georgia, pursuant to the attached Settlement Agreement and Release, for the sum of Twenty-Five Thousand, Eight Hundred, and Sixteen Dollars and Eleven Cents($25,816.11); and WHEREAS, General Counsel considers it to be in the best interests of Augusta to resolve this matter and pay the amount of Twenty-Five Thousand, Eight Hundred, and Sixteen Dollars and Eleven Cents ($25,816.11) to Lilly Jones, Totally Kids Daycare, and Michael Tankersley 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 Lilly Jones, Totally Kids Daycare, and Michael Tankersley for the sum of Twenty-Five Thousand, Eight Hundred, and Sixteen Dollars and Eleven Cents ($25,816.11). Section 2: The Augusta, Georgia Administrator is authorized to pay a total sum of Twenty-Five Thousand, Eight Hundred, and Sixteen Dollars and Eleven Page 2 of 2 Cents ($25,816.11) to Lilly Jones, Totally Kids Daycare, and Michael Tankersley at the direction of the Commission and payment shall be in the form of a check payable to "LILLY JONES, TOTALLY KIDS DAYCARE,AND MICHAEL TANKERSLEY " 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 I day of ecem\De - ,2018. As its Mayor 12/0/11' a4dw PP r Attest: To.,"nM •i � 4, ., a y ruler:""Qrk + ,Ct inrr ssio w 4.000 - I fih:. � rt. rzCERTIFICATION 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