HomeMy WebLinkAboutAUGUSTA VIDEO SETTLEMENT OF ALL CLAIMS ($550,000)RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS
BY AUGUSTA VIDEO IN THE AGGREGATE AMOUNT OF FIVE
HUNDRED FIFTY THOUSAND DOLLARS ($550,000); AUTHORIZING
THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF
FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000); AND FOR
OTHER PURPOSES.
WHEREAS, Augusta Video, Inc. has two lawsuits pending in Federal Court, same being
Augusta Video, Inc v. Augusta, Georgia and the Augusta- Richmond County Commission CV
102 -94 (S.D. Ga.) and companion litigation captioned Augusta Video, Inc. v. Augusta, Ga. CV
108 -099 (S.D. Ga.);
WHEREAS, both parties to said civil actions desire to settle all claims; and
WHEREAS, Augusta Video has agreed to settle all claims against Augusta and the
Augusta - Richmond County Commission for the sum of Five Hundred Fifty Thousand Dollars
($550,000) and the issuance of an Adult Entertainment Permit and a Business Tax Certificate
allowing it to open at 1367 Gordon Highway, Augusta, Richmond County, Georgia;
WHEREAS, it is in the best interests of Augusta to resolve this matter and pay the
amount of Five Hundred Fifty Thousand Dollars ($550,000) and the issuance of an Adult
Entertainment Permit and a Business Tax Certificate allowing it to open at 1367 Gordon
Highway, Augusta, Richmond County, Georgia to settle all claims of Augusta Video, Inc.
against Augusta arising out of the alleged facts;
WHEREAS, Augusta - Richmond County acknowledges that the payment set forth herein
does not constitute any admission of liability on the part of Augusta and liability is expressly
denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta - Richmond County
Commission,
Section 1: The Augusta - Richmond County Commission will settle the claims of Augusta
Video, Inc for the sum of Five Hundred Fifty Thousand Dollars ($550,000) and
the issuance of an Adult Entertainment Permit and a Business Tax Certificate
allowing Augusta Video to open at 1367 Gordon Highway, Augusta, Richmond
County, Georgia.
Section 2: The County Administrator is authorized to pay a total sum of Five Hundred Fifty
Thousand Dollars ($550,000) to Augusta Video, Inc. at the direction of the
Commission and payment shall be in the form of a check payable to "GARY S.
EDINGER & ASSOCIATES, P.A. TRUST ACCOUNT ".
Settlement Resolution
Augusta Video
Page 2 of 2
15
Adopted this- `day of M +( , 2010.
yl David S. Copenhaver
r As its Mayor
Attest*
ena J. Bone , lerk of Commission
Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
fore j Reso ution was duly adopted by the Augusta - Richmond County Commission
on i/ , 2010 and that such Resolution has not been modified or rescinded as
of th da 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).
J i f P t - - 1 1 i 4 �/ 0 1 4 /
L ena J. Boni V C " l - erk of Commission