Case No. 44-2003-CA-529-P
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
UPPER KEYS CIVIL DIVISION
MONROE COUNTY,
Plaintiff,
Vs.
Case No.: 44-2003-CA-529-P
JACK HAGOPIAN,
Defendant/Third Party Plaintiff
Vs.
GORDON HUGLAN d/b/a ELEVATORS, ETC.
And EMR ACCESSIBILITY, INC.
And
GORDON HUGLAN, an individual,
Third Party Defendants.
/
Settlement Aareement of Plaintiff Monroe County's Claims
The Plaintiff Monroe County BOCC (hereinafter "the County"), the
Defendant/Third Party Plaintiff Jack Hagopian (hereinafter "Hagopian"), and the
Third Party Defendants Gordon Huglan d/b/a Elevators, Etc. and EMR
Accessibility, Inc and Gordon Huglan (hereinafter "Huglan"), hereby enter into
this settlement agreement of the Plaintiff County's claims against the Defendant
Hagopian.
1 . This matter was brought by the County to enforce the fine imposed
by the Code Enforcement Special Master in U4-01-147 for installing
an elevator without benefit of a permit.
2. In order to settle the County's claims against Hagopian and buy
peace in that portion of the matter, the County agrees to accept and
Hagopian agrees to pay a sum of $10,000.00 to resolve the
County's claim against Hagopian. Said payment shall be made by
trust account check made payable to the SOCC of Monroe County
and shall be received by the County's Attorney's office no later than
February 6, 2006.
3. This agreement is conditioned upon a) approval by the Board of
County Commissioners at a public meeting as required by Florida
Law; and b) demolition of the elevator by February 6,2006 and the
removal of the debris from the site in compliance with all laws and
ordinances.
4. Said sum shall represent the total sum owed by Hagopian to the
County as a result of the claims that were raised or could have
been raised by the County in this matter, including the fine, costs,
and attorney's fees.
5. By entering into this agreement, the County and Hagopian agree to
release each other and absolve each other from liability from any
claims that either could have raised as a result of the above-styled
matter.
6. The Defendant/Third Party Plaintiff's claims against the Third Party
Defendant Huglan will survive this settlement agreement and will
proceed until final jUdgment of the Court or future agreement
between those two parties.
7. In consideration of the reduction of their potential exposure from the
County's claimed fine in excess of $300,000.00, the Third Party
Defendants Huglan et al]elease and absolve the County from any
claim for costs and attorney's fees that the Third Party Defendants
Huglan et atmight have against the County as a result of this
litigation.
8. Except as otherwise provided in this agreement, the County and
Hagopian each agree to bear their own respective attorney's fees
and costs.
9. Once this agreement has been executed by all of the parties and all
of the conditions set forth above have been satisfied, the County
shall file a notice of voluntary dismissal with prejudice.
10. After the County files its notice of voluntary dismissal with
prejudice, the Court shall retain jurisdiction over the parties with
respect to the County's claim against Hagopian solely to enforce
compliance with this settlement agreement. This paragraph shall
have no effect on the Court's jurisdiction over Hagopian's Third
Party Claim against Huglan.
11.
Board of County Commis. rs of
Monroe County, Florid
By:
Charles "Sonny" McCo
II; 81o~
, ,
(date)
For the Defendant/Third Party Plaintiff
(date)
Jack Hagopian
(Notary Public)
For the Third Party Defendants Gordon Huglan d/b/a Elevators Etc. & EMR
Accessibility, Inc. & Gordon Huglan, individually.
(date)
Gordon Huglan
(Notary Public)
Donald E. Yates, Esq. Mediator