Backup Documents 03/24/2015 Item #16K2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6K
2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN /� 3/24/15
4. BCC Office Board of County
`V
Commissioners V 3c \1S
5. Minutes and Records Clerk of Court's Office
rY " 32S(?S lq?144
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kevin Noell, Asst. County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 3/24/15 Agenda Item Number 16-K-2✓
Approved by the BCC
Type of Document Settlement Agreement and Release— Number of Original One of each
Attached Gogan/Vineyards and Ramirez/Sosa Documents Attached
PO number or account
number if document is n/a
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? STAMP OK KN
2. Does the document need to be sent to another agency for additional signatures? If yes, KN
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KN
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KN
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/24/15 and all changes made during the KN
meeting have been incorporated in the attached document. The County Attorney's
�yO�v
Office has reviewed the changes, if applicable. � ���
9. Initials of attorney verifying that the attached document is the version approved by the K �
BCC,all changes directed bythe BCC have been made, and the document is readyfor the
Chairman's signature.
PLEASE PROVIDE COPIES OF FULLY EXECUTED AGREEMENTS TO KEVIN NOELL,
ASSISTANT COUNTY ATTORNEY
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, March 26, 2015 11:37 AM
To: Noell, Kevin; Bradley, Nancy
Subject: Settlement & Release Agreements
Attachments: Kevin Noell.pdf
Kevin & Nancy,
Attached is a copy of what went out to the two attorneys today.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
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$ ,
County of Collier
CLERK OF THE CJRCJ�IT COURT
COLLIER COUNTY COURT HOUSE
Dwight E. Brock-Clerk-of Circuit Court
3315 TAM IAMI TRL E STE 102t "V' 1 P.O.BOX 413044
NAPLES, FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Audttof • Custodian of County
March 26, 2015
Kubicki Draper, P.A.
Attn: Gregory J. Prusak, Esq.
201 South Orange Avenue
Suite 475
Orlando, FL 32801
Re: Settlement Agreement and Release
Between Collier County, Gogan/Vineyards & Ramirez/Sosa
Transmitted herewith one (1) copy of the above referenced documents, as adopted by the
Collier County Board of County Commissioners of Collier County, Florida on Tuesday,
March 24, 2015, during Regular Session.
If you have any questions feel free to to contact our office anytime.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Jerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerkki collierclerk.com
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County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTI^,,COUR"I[IOUSE
Dwight E. Brock-Clerk;of Circuit Court
3315 TAIIAMI TRL E STE 102 1 P.O.BOX 413044
NAPLES,FL 34112-5324 * NAPLES, FL 34101-3044
r
Clerk of Courts • Comptroller • Auditor • Custodian of County
March 26, 2015
Law Office of Amy L. Warpinski
Attn: Amy L. Warpinski, Esq.
2070 McGregor Blvd.
Suite One
Fort Myers, FL 33901
Re: Settlement Agreement and Release
Between Collier County, Gogan/Vineyards & Ramirez/Sosa
Transmitted herewith one (1) copy of the above referenced documents, as adopted by the
Collier County Board of County Commissioners of Collier County, Florida on Tuesday,
March 24, 2015, during Regular Session.
If you have any questions feel free to to contact our office anytime.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy i lerk
Enclosure
•
Phone- (239) 252-2646 Fax- (239) 2.52-2755
Website- www.CollierClerk.com Email- CollierClerk(a collierclerk.com
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SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is made on the dates herein below set forth in counterparts by and
between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(hereinafter the "COUNTY"), the VINEYARDS DEVELOPMENT CORPORATION
(hereinafter the "VINEYARDS"), DEBRA LEE GOGAN (hereinafter "GOGAN"), and the
HANOVER AMERICAN INSURANCE COMPANY (hereinafter"HANOVER").
WITNESSETH:
WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for
Collier County, Florida against the Vineyards, Gogan and other parties for the recovery of
damages caused to its Traffic Control Box located at the intersection of Pine Ridge Road and
Whippoorwill Road in Collier County, Florida on October 29, 2013; and
WHEREAS, HANOVER had issued policies of insurance for both the Vineyards and
Gogan for the claims brought by the County; and
WHEREAS, all parties to this Agreement and Release wish to settle the matter as to all
disputes between them relative to the incident on October 29, 2013, as between these parties
only,and dismiss the lawsuit against the Vineyards and Gogan.
NOW THEREFORE in consideration of the preambles set forth hereinabove, the mutual
covenants set forth herein below, and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. Upon execution of this Agreement and Release by the County,the Vineyards, and
Gogan, Hanover will issue a check to the County in the amount of$13,400.00 as and for that
portion of the County's damages attributed by this Agreement to the Vineyards and Gogan.
2. In and for the receipt of the $13,400.00, the County hereby forever releases the
Vineyards, Gogan, and their insurer Hanover, including any and all successors in interest,
assigns, heirs, devisees, agents, attorneys, representatives, or any other person(s) or entities that
may claim any interest through them, from any and all liability, damages, costs, or fees the
County incurred as a result of the incident on October 13, 2013 to its Traffic Control Box.
3. In addition, upon receipt of said funds, the County will cause the dismissal of the
Vineyards and Gogan from said lawsuit, with prejudice.
4. This Agreement is expressly made contingent upon the County receiving the
settlement funds agreed upon by the other parties to the aforementioned lawsuit.
[14-2236-CA/1150043/1] Page 1 of 6
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5. The Vineyards, Gogan, and Hanover is no manner or way admits any liability to
the County as a result of the aforesaid incident, and this Agreement is entered into by them as a
compromise and settlement only.
6. This Agreement shall be governed by the laws of the State of Florida, and any
disputes hereunder or enforcement hereof, should the Court be employed, shall be in the venue
of Collier County, Florida.
7. This Agreement and Release may be executed in counterparts by the parties
hereto.
WHEREFORE, we have placed our hands and seals on the dates) set forth in the
signature page made for each party.
[ THIS SPACE INTENTIONALLY LEFT BLANK ]
[14-2236-CA/1150043/1] Page 2 of 6
1
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VINEYARDS DEVELOPMENT CORPORATION
By
abs otjejs
U 1P
TITLE
DATED: Z.,/ L' / ) ,2015.
7 /
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersi ned, being a Notary Public for the State of Florida, hereby certifies that
day
appeared before me this of
&\6, , 2015 and is either personally known to me produced
€ellowing--id-enti'fication: and after having
first been sworn stated that he affixed his signature to the above and foregoing document, and
that the statements contained therein e e and correct to the best of his knowledge.
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OT RY P'9BLIC-IN AND FO' T E STATE OF FLORIDA
,n,0000 LINDA K.F01NEll
; —IV.- Notary Public-State of Florida
.1 My Comm.Expires Feb 17,2018
Commission#FF 064962
Printed Name
� .4 °`' Bonded Through National Notary Assn.r
Commission Expires
[14-2236-CA/1150043/1] Page 3 of 6
7 702 7o
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DEB' • LEE GOGAN
DATED: / , 2015
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned,'being a Notary Public for the State of Florida, hereby certifies that
DEBRA LEE GOGAN appeared before me this /9"" day of fb - , 2015
and is either personally known to me or produced the following identification:
a. 5 L. (j Z So • 11-2:E 9 ` 9c F Q and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his kno F dge.
-A,
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NOTRY '`BLIC IN AND FOR THE STATE OF FLORIDA
Printed Name
Commission Expires
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�o�"a•Pue'c CESAR DOMINGO FERNAND i
* ?(.A�% „ MY COMMISSION#EE 878226
,, ,Iii EXPIRES:February 25,2017
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[14-2236-CA/1150043/1] Page 4 of 6
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HANOVER AMERICAN INSURANCE COMPANY
idS11By l�` f% �('-o /II 4 &L
AO / Jae
' TITLE V 4
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DATED: " r4( et it, 2015.
STATE OFPZ,- ,/ )
)SS:
COUNTY OF
The undersigned, being a Notary Public for the State of g/&/-; , hereby certifies
that 77,,f J r ,` g-o,r s-r-) /e v- appeared before me this j Z.- day of
fre‘,-u d� , 2015 and is either personally knomg or produced the
following identification: , and after having
first been sworn stated that he affixed his signature to the above and foregoing document, and
that the statements contained therein are true and correct to the best of his knowledge.
ST,
a*,•41 ^ GREGORY PULL NOTRY PUBLIC IN)I D FOR THE STATE OF FLORIDA
$ \ ` Notary Public,-State of Florida
My Comm.Expires Jan 18,2017
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„fid:°•• Commission#►FE 665712 6'n
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Printed Name
Commission Expires
[14-2236-CA/1150043/1] Page 5 of 6
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By �s ' _
TIM NANCE
CHAIRMAN
DATED: Mvoi-cam 2A , 2015.
ATTEST:
DWIGHT E. BROCK
CLERK OF COURTS
By LU ` AilbkOjah
Attest asci
r
signature only.
Approved as to fothi
and legality:
KEVIN L.NOELL, ESQ.
Assistant County Attorney
[14-2236-CA/1150043/1] Page 6 of 6
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SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is made on the dates herein below set forth in counterparts by and
between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(hereinafter the "COUNTY"), ASTRID RAMIREZ (hereinafter"RAMIREZ"), AMELIA SOSA
(hereinafter "SOSA"), and SAFECO INSURANCE COMPANY OF ILLINOIS (hereinafter
"SAFECO").
WITNESSETH:
WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for
Collier County, Florida against Ramirez and Sosa and other parties for the recovery of damages
caused to its Traffic Control Box located at the intersection of Pine Ridge Road and
Whippoorwill Road in Collier County, Florida on October 29, 2013; and
WHEREAS, SAFECO had issued policies of insurance for both Ramirez and Sosa for the
claims brought by the County; and
WHEREAS, all parties to this Agreement and Release wish to settle the matter as to all
disputes between them relative to the incident on October 29, 2013, as between these parties
only, and dismiss the lawsuit against Ramirez and Sosa.
NOW THEREFORE in consideration of the preambles set forth hereinabove, the mutual
covenants set forth herein below, and other good and valuable consideration, receipt of which is
hereby acknowledged,the parties hereto agree as follows:
1. Upon execution of this Agreement and Release by the County, Ramirez and Sosa,
Safeco will issue a check to the County in the amount of$13,400.00 as and for that portion of the
County's damages attributed by this Agreement to Ramirez and Sosa.
2. In and for the receipt of the $13,400.00, the County hereby forever releases the
Ramirez, Sosa, and their insurer Safeco, including any and all successors in interest, assigns,
heirs, devisees, agents, attorneys, representatives, or any other person(s) or entities that may
claim any interest through them, from any and all liability, damages, costs, or fees the County
incurred as a result of the incident on October 13, 2013 to its Traffic Control Box.
3. In addition, upon receipt of said funds, the County will cause the dismissal of
Ramirez and Sosa from said lawsuit,with prejudice.
4. This Agreement is expressly made contingent upon the County receiving the
settlement funds agreed upon by the other parties to the aforementioned lawsuit.
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5. Ramirez, Sosa, and Safeco in no manner or way admit any liability to the County
as a result of the aforesaid incident, and this Agreement is entered into by them as a compromise
and settlement only.
6. This Agreement shall be governed by the laws of the State of Florida, and any
disputes hereunder or enforcement hereof, should the Court be employed, shall be in the venue
of Collier County, Florida.
7. This Agreement and Release may be executed in counterparts by the parties
hereto.
WHEREFORE, we have placed our hands and seals on the dates) set forth in the
signature page made for each party.
- �t-ri
dm 1 -
ASTRID RAMIREZ
DATED: 03113 20)5 , 2015.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
ASTRID RAMIREZ appeared before me this /J day of Fe,4-tt ory , 2015 and
is either personally known to me ✓ or produced the following identification:
31- kb 4,d--co0 , and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best o' 's wledge. `, OR��4���i
.4er' :.
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SAFECO INSURANCE COMPANY OF ILLINOIS
By -R.g--e eleu---y..c.-g- 49,e.ecot-02,-.34-.
CHER BELL,Claims Specialist
DATED:--e � A A \---) , 2015.
STATE OFV\ j(\d OL )
)SS:
COUNTY OF I' nS)
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
CHERYL BELL appeared before me this \-7 day of PbAjooril , 2015 and is
either personally known to me or produced the following identification:
VI ldcj,De;ver,5 I (C S-P , and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his knowledge.
C-K't-At7
KRISTINA M HAYES NOTRY PUBL C IN AND FOR T-1, (V-
79'*, TORIDA
t'! )' MY COMMISSION#FF122927
Ayd°' EXPIRES May 13, ILIC134 r\O\
(407)090-0100 €IorideNoteryService.com
Printed Name
H i� . 20 /6('l Commission Expires
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Printed Name
Commission Expires
AMELIA SOSA
DATED: oAty 140 , 2015
STATE OF FLORIDA )
.)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
AMELIA SOSA appeared before me this /(Q day of reeELV4i1 , 2015 and is
either personally known to me c or produced the following identification:
5 O-000-70` -747 -0 , and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his knowledge.
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s� ���ss�ON .. NOTRY PUBLIC IN : D FOR THE TATE OF FLORIDA
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Commission Expires
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
<1"aste.C_
TIM NANCE
CHAIRMAN
DATED: \Aarc,V 2-4\ , 2015.
ATTEST:
DWIGHT E. BROCK
CLERK OF COURTS
r �i� :: 't.
By L
��;
Deputy Clerk
Attest as to Ctimi lliait-11 - (
signature only,
Approved as to forni and legality:
KEVIN L.NOELL, ESQ.
Assistant County Attorney