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Backup Documents 10/13/2015 Item #16K2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T'Q2u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG]�AARB 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. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office KN 4. BCC Office Board of County Commissioners VS rAk3k\ ---5. Minutes and Records Clerk of Court's Office GoCti-tCc5 Ct:I44, 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, sistant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 10-13-15 Agenda Item Number 16-K-2 Approved by the BCC Type of Document Settlement Agreement-Phillips Number of Original One Attached 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) Applic ble) 1. Does the document require the chairman's original signature? �'� © 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 10/13/15 and all changes made during KN the 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 the KN BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. Please provide a certified copy 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 16K2 MEMORANDUM Date: October 15, 2015 To: Kevin Noell, Assistant County Attorney Collier County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release in the lawsuit styled Carol A. Phillips v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 14-2448-CA) Attached per your request is a certified copy of the agreement referenced above, (Item #16K2) approved by the Board of County Commissioners on October 13, 2015. The original will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment GOLDSTEIN BUCKLEY, CECHMAN, RICE & PURTZ, P.A. 1 6 K 2 ATTORNEYS AT LAW RAY GOLDSTEIN(1931-2013) STEPHEN W.BUCKLEY 1515 Broadway,Fort Myers,Florida 33901 CHRISPOPlIER J.SMITI t JOHN B.CECIIMAN,BCS* Mailing Address: ZACHARY M.GILL J.JEFFREY RICE,BCS*+2 P. 0. Box 2366,Fort Myers,Florida 33902-2366 DENISE B.D'APRILE RICHARD L.PURTz,BCS* (239)334-1146 D.MA1TMEw RAULERSON *Board Certified Specialist in Civil Trial Fax (239)334-3039 ANDREA S.PLEIMLING 2 Certified Mediator by FL Supreme Court +Board Certified Specialist in Business Litigation and Construction Law Email:info @gbclaw.com : r2,C) October 6, 2015 Kevin L. Noell, Es q' " rr; COLLIER COUNTY ATTORNEY'S OFFICE ' 3299 East Tamiami Trail °J Suite 800 (11m Naples, FL 34112 Re: Phillips v. Plantation HOA D/Accident: 8/19/2013 Our File No.: 130787 (Please reference our File Number on all correspondence.) Dear Attorney Noell: Please find enclosed the original executed Release in reference to the above matter. I would request that you provide our office with the settlement check within seven (7) days of your receipt of this letter. Please make the settlement check payable to Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Trust Account. Feel free to contact our office should you have any questions. Thank you for your courtesy and cooperation in this regard. Very truly yours, GOLDSTEIN, BUCKLEY, CECHMAN, RICE & PURTZ, P.A. Erin M. Reilly, Paralegal to Attorney Zachary M. Gill /er Encl. As stated above. OFFICES FORT MYERS LEHIGH ACRES CAPE CORAL NAPLES PORT CHARLOTTE (239)334-1146 (239)368-6101 (239)574-5575 (239)514-0924 (941)624-2393 1. 6K 2 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this .1.94~ day of S . M. , 2015 by and between CAROL A. PHILLIPS, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Carol A. Phillips v. Collier County, a political subdivision of the State of Florida, Case No. 14-2448-CA (hereinafter referred to as the "Lawsuit"); and WHEREAS, Plaintiff and the County, without either party admitting any liability or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that it shall be binding upon both parties' 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 Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. [14-2448-CA/1208260/1] 1 16K2 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 Ten Thousand Dollars and 00/100 ($10,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release [14-2448-CA/1208260/1] 2 16K ? shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. 11. Plaintiff and Plaintiff's attorney shall be solely responsible for payment and satisfaction of any liens arising out of, or anyway connected to, injuries and/or damages suffered from the incident described in the Lawsuit. [14-2448-CA/1208260/1] 3 16K2 IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. Date: I0-1 --2Ol5 ATTEST: ;, DWIGHT'E. BROCK, Clerk COLLIER COUNTY, FLORIDA ,� ,' C . g / d %* c�, Eft - y. , } ►uty Clerk TIM NANCE, Chairman ∎.o\�3\\s ttest as to Chi 'If. BOARD OF COUNTY COMMISSIONERS OF signature only...w COLLIER OUNTY, FLORIDA By: G a gi.iy„ Approved as to form and CAROL A. PHILLIPS, Pl.. ti legal su i y: By: rirf Kevin L. Noell ZACHA' f . GILL, Esq. Assistant County Attorney Atto - ey for Plaintiff STATE OF FLORIDA COUNTY OF COLLIER THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by CAROL A. PHILLIPS, before me on this -2-3 day of , 2015. C„, TA MI . i' Personally Known nature of Notary 'u•lic or Produced Identification X) Cf a I1 .!l oud DC..- — FL Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: 44 Notary Public 9tat@ @f�l@Fld8 Cry stal 8 Moore j My Commisslon f*P 1;�0®63 Nora/ Expires 12!0®/2019 [14-2448-CA/1208260/1] 4