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