Backup Documents 01/14/2014 Item #16K1 ORI TO GINAL
ACCOMPANY ORIGINAL OUTING
SE T SLIP1
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#1 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.
e.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 1/14/2014
4. BCC Office Board of County
Commissioners f4/
5. Minutes and Records Clerk of Court's Office
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 Noel ,Assistant County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 1/14/14 Agenda Item Number 16-K-1
Approved by the BCC
Type of Document Hilts Settlement Number of Original One
Attached Documents Attached
PO number or account
number if document is
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? 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 1/14/14 and all changes made during the KN
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th' KN 6�
BCC,all changes directed by the BCC have been made,and the document is ready f• the
Chairman's signature.
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: Tuesday,January 21, 2014 10:03 AM
To: Noell, Kevin
Subject: Hilts Settlement
Attachments: Kevin Noell.pdf
Hi Kevin,
Attached is a scanned fully executed copy of the aforementioned document for your records.
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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RELEASE AND SETTLEMENT OF CLAIMS
THIS RELEASE AND SETTLEMENT OF CLAIMS Agreement ("Agreement") is
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entered into and made on this day of:r■. A by and between Timothy
Hilts, ( Hilts") and Board of County Commissioners for Collier County ("County").
WITNESSETH:
WHEREAS, on April 17, 2012 a vehicle driven and owned by Mr. Hilts struck and
damaged a fire hydrant, sidewalk, and street maintained by County, causing damages in the
amount of$29,649; and
WHEREAS, County filed a lawsuit on December 19, 2012, Collier County v. Timothy
Hilts, Case No. 12-4482-CA, in order to seek reimbursement for the damages caused by Hilts
and his vehicle, as well as $445 in litigation costs, with no interest; and,
WHEREAS, County and Hilts desire to reduce their settlement to a writing so that it
shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Release and Settlement of Claims Agreement, and with the intent
to be legally bound, County and Hilts agree as follows:
1. County and Hilts adopt and incorporate the foregoing recitals, sometimes referred
to as "Whereas Clauses", by reference into this Release and Settlement of Claims Agreement.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in
consideration of the sum of Twenty-Nine Thousand Six Hundred Forty-Nine Dollars and 00/100
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($29,649.00) and Four Hundred Forty-Five Dollars and 00/100 ($445.00) for litigation costs, for
a total sum of Thirty Thousand Ninety-Four Dollars and 00/100 ($30,094.00), County agrees to
dismiss the Lawsuit with prejudice.
3. Hilts hereby admits liability to the County for damages it sustained, as a result of
Hilts' negligent driving on April 17, 2012, and the amount of damages he caused to be in the
amount of$29,649.00.
4. GEICO, on behalf of insured, Timothy Hilts, has agreed to contribute $10,000.00
to the settlement amount, which reflects the policy limit of applicable insurance.
5. Hilts agrees to pay the difference of $19,649.00 plus $445.00, for a total of
$20,094.00 to Collier County.
6. The County agrees to accept a down payment of $1500.00 and a payment of
$250.00 per month, commencing on )ei-uary I ?a`,, and continuing each month thereafter on
or before the i of each of the succeeding months until paid. Hilts shall forward all payment
to the Risk Management Department of the County. The County further agrees that as long as
Hilts makes timely payments, it will not take any measures available to it to execute on or
otherwise enforce the entered judgment.
7. Should Hilts fail to make one timely payment, the County shall, at its discretion,
accelerate all payments remaining and apply to this Court without notice to Hilts, and seek to
begin executing on the Judgment for the remaining balance, including legal interest from the date
of entry.
8. Upon Hilts paying this Judgment in full, the County shall file and cause to be
recorded a full satisfaction of judgment in favor of Hilts.
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9. The Parties agree that the Twentieth Judicial Circuit in and for Collier County,
Florida, in Naples, Florida, shall retain jurisdiction for the purposes of the enforcement of this
Agreement.
IN WITNESS WHEREOF, Hilts, and the County have signed and sealed this Release
and Settlement of Claims Agreement as set forth below.
Date: 11 9.9.1 0013
ATTEST BOARD OF COUNTY COMMISSIONERS
DW,1611-1:t.13R €K, Clerk OF COLLIE' OUNTY, FLORIDA
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De`uty'C,e Tom Henning, Chairm:n
A est aso Chan 's
signature only.'r`
Approved as to form and By: __„„irja%1111
legal sufficiency: Timo Hilts
Kevin L.Noell
Assistant County Attorney l
By
Brett A. Gelman, Esq.
Attorney for Defendant
STATE OF f[OYjC'O-
4-1 COUNTY OF � / Pr
This Release and Settlement of Claims Agreement was sworn to and subscribed by Timothy
Hilts, before me on this cga day of 1AJl>VU-vf1pkY , 2013.
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Produced Identification
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Commissioned Name of Notary Public Type of Identification Produced
(Please print,type or stamp)
My Commission expires: 11
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