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2006-156
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2006-156
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Last modified
8/10/2016 11:32:24 AM
Creation date
9/30/2015 9:41:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
05/16/2006
Control Number
2006-156
Agenda Item Number
7.O.
Entity Name
Gifford Aquatics Center, and Linda Ross
Subject
Stipulation for settlement, US District Court Ft. Pierce Division
case No. 05-1430-civ-martinez/lynch
Supplemental fields
SmeadsoftID
5625
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III. ENFORCEMENT CONSIDERATIONS. <br />A. Readily Achievable. The parties hereto acknowledge that <br />the alterations and modifications agreed to by the Plaintiff, <br />and as set forth in this Stipulation for Settlement, consist of <br />what the parties believe to be readily achievable pursuant to <br />and for the purposes of Title II of the ADA. <br />B. Time Frame. Defendant agrees to complete all alterations <br />and modifications to the property by June 1, 2006. Plaintiffs <br />representatives shall be provided reasonable access to the <br />property to verify completion of the above referenced work. <br />C. Non -Compliance. In the event the alterations and <br />modifications required hereby are not timely completed in all <br />respects, Plaintiff shall be entitled to seek an award for <br />injunctive relief from the Court. The parties agree that if <br />Defendant has timely commenced the modifications required <br />hereby, and has proceeded with the completion thereof in <br />good faith and with due diligence, but has been delayed in <br />the completion thereof due to acts of God, force majeure, or <br />events beyond the control of Defendant (such as inability to <br />obtain building or zoning permits, failure of the county <br />inspectors to make inspections, contractor defaults, work <br />stoppages, etc.), the time periods for completion established <br />hereby shall be extended appropriately, provided Defendant <br />notifies Plaintiff in writing with backup documentation, prior <br />to the expiration of the completion date. <br />D. Notwithstanding the foregoing paragraph C, if any action or <br />proceeding is commenced with regard to the subject matter <br />of this Stipulation for Settlement, then the prevailing party in <br />such action or proceeding shall be entitled to have its <br />reasonable attorney's fees and costs incurred in said action <br />3 <br />
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