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AOO(o <br />LINDA ROSS, <br />Plaintiff, <br />V. <br />UNITED STATES DISTRICT COURT <br />SOUTHERN DISTRICT OF FLORIDA <br />FORT PIERCE DIVISION <br />CASE NO: 05 -14300 -Civ -MARTINEZ / LYNCH <br />INDIAN RIVER COUNTY, FLORIDA <br />d/b/a Gifford Aquatics Center, <br />Defendant. <br />STIPULATION FOR SETTLEMENT <br />IT IS HEREBY stipulated and agreed by and between Plaintiff LINDA <br />ROSS ("Plaintiff'); and Defendant INDIAN RIVER COUNTY, FLORIDA, d/b/a <br />Gifford Aquatics Center ("Defendant"), as follows: <br />WHEREAS, Plaintiff filed this action against Defendant for alleged <br />violations of Title II of the Americans With Disabilities Act, 42 U.S.C. Section <br />12131-12134, et seq ("ADA") and the Rehabilitation Act, pursuant to which <br />Plaintiff sought a permanent injunction and attorney's fees, expenses and costs; <br />WHEREAS, subject to the terms set forth herein, Plaintiff and Defendant <br />have agreed to finally resolve any and all claims and disputes by and between <br />them; and <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />covenants and undertakings contained herein, and other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged by <br />the parties, the parties hereto, intending to be legally bound hereby, agree to the <br />following terms and conditions as full and complete settlement of this action: <br />I. ALTERATIONS AND IMPROVEMENTS. The parties agree that <br />Defendant shall cause the following alterations and improvements to be made to <br />the property that is the subject of this action, which is commonly referred to as <br />GIFFORD AQUATICS CENTER, located at 4895 43rd Avenue, Vero Beach, <br />Florida 32967-6327: <br />1 <br />