IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA, CIVIL DIVISION
ALACHUA COUNTY, FLORIDA, a charter county, Petitioner Case Number: 01-05-CA-4282 EF Division: K vs, ABC RESEARCH CORPORATION; et. al. Defendants. / SETTLEMENT AGREEMENT ED’S CLEANERS, INC. Alachua County (“County”), Petitioner, and Ed’s Cleaners, Inc. (“Ed’s”), Defendant, have agreed on the following settlement agreement: 1. The County shall pay Ed’s the sum of $140,000.00 in full settlement of all claims for compensation from the County whatsoever, including full compensation, business damages, statutory interest, but excluding attorney’s fees and costs and experts’ fees and costs. No money has yet been deposited. Said sum may be subject to apportionment. 2. The County shall pay Ed’s the sum of $24,500.00 in full settlement of attorney’s costs and experts’ fees and costs, and $46,200.00 in full settlement of attorney’s fees and costs. 3. Ed’s Cleaners, Inc. shall close its business, including cleaning and customer service, on the subject parcel no later than January 31, 2007. 4. With the understanding that the County may become the owner of the subject parcel and receive an assignment of the lease currently in effect on the subject parcel, the parties agree to the following modifications to the lease: a. Lease payments will cease on the date of the assignment. b. The lease will terminate on March 31, 2007, or earlier if Ed’s serves a notice of termination on the County. Ed’s may serve such a notice at any time without penalty, but its obligations under paragraph five remain in effect. c. The County may enter the premises, exclusive of the building, after January 31, 2007, for pre-construction activities. After January 31, 2007, the County may have access to the building upon reasonable request to Ed’s.
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d. 31, 2007.
Ed’s shall maintain all insurance policies required by the lease until March
e. Ed’s may remove equipment and fixtures from the building. All components and structures necessary to keep the building secure shall remain in place. 5. Ed’s shall decontaminate all dry cleaning equipment, and remove all dry cleaning solvents and hazardous materials from the premises in accordance with state and local regulations, specifically including section 353.36, Alachua County Code of Ordinances. The County agrees to use its best efforts to provide a response to Ed’s closure plan within five business days after the date the plan is submitted. Ed’s shall use all reasonable care to avoid spills or discharges of hazardous materials. Ed’s shall clean up any spills or discharges of hazardous materials in accordance with state and local regulations, and the County shall be notified. Ed’s shall provide the County with invoices and other documents showing that the closure plan has been complied with. 6. Ed’s retains all rights, duties and obligations to the drop off locations at Archer Square and Butler Plaza. 7. The County releases Ed’s from all liability related to potential contamination of this tax parcel. 8. Counsel for the parties shall jointly submit to the Court a mutually approved Stipulated Final Judgment. The judgment shall be submitted to the Court within five days of approval by the Board. 9. This agreement constitutes the entire agreement between the parties. Ed’s acknowledges that this agreement is not binding on Alachua County until approved by the Board of County Commissioners. 10. The Board shall consider this agreement at its first regular meeting, within the agenda cycle, after agreement on fees and costs. 11. Out of the $140,000 settlement amount, $20,000 shall be retained by the County until Ed’s completes its obligations under paragraph five. Upon notification by Ed’s that such obligations have been completed, the County and Ed’s will inspect the premises for compliance. If Ed’s is found to be in compliance, and a final judgment has been entered, then payment shall be due within 20 days of Ed’s serving a notice of termination of the lease. Ed’s Cleaners, Inc.
Conny Edwards, President
Andrea Kay Edwards, Vice-President
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November 3, 2006
Attorney for Defendant, Manny Papalas
ALACHUA COUNTY, FLORIDA
By: Lee Pinkoson, Chair Board of County Commissioners (continued) ATTEST: APPROVED AS TO FORM
J. K. "Buddy" Irby, Clerk (SEAL)
Alachua County Attorney's Office
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