Loading...
Backup Documents 12/08/2015 Item #16K4 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 n 4 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. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office KN 12/8/15 4. BCC Office Board of County T Commissioners /5/ 12\1\ 5. Minutes and Records Clerk of Court's Office (^ I tr PRIMARY CONTACT INFORMATION (-L 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,Asst.County Attorney 252-8400 Contact/ Department Agenda Date Item was 12/8/15 Agenda Item Number 16-K-4 Approved by the BCC Type of Document Settlement Agreement and Mutual Releases Number of Original One of each Attached —Tortolani Documents Attached PO number or account n/a 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 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 awl a of your deadlines! 8. The document was approved by the BCC on 12A8 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 t i e BCC,all changes directed by the BCC have been made,and the document is ready ft the Chairman's signature. i 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 16K4 MEMORANDUM Date: December 9, 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 Alan R. and Gail S. Tortolani v. Collier County (Case No. 14-CA- 002017) pending in Circuit Court of the 20th Judicial Circuit, Collier County, Florida A copy of the Agreement and a ease referenced above is attached for your records, (Item #16K4) approved by the Board of County Commissioners on December 8, 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 161( 4 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 Liik day of ellbU2U4A. , 2015, by and between GAIL S. TORTOLANI, (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 Alan R. Tortolani and Gail S Tortolani v. Collier County, a political subdivision of the State of Florida, Case No. 14-CA- 002011 (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. [14-2017-CA/1217480/1] 1 16K4 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 One Thousand and 00/100 ($1,000.00) 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, liens, 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. [14-2017-CA/1217480/1] 2 X6 K 4 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 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 shall be solely responsible for payment and satisfaction of any liens, medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries and/or damages suffered from the incident described in the Lawsuit. [14-2017-CA/1217480/1] 3 161( 4 Ili WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. AS TO COUNTY: ATTEST: DWIGHT E.BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA n t • B ,� :�o c B ITINt <1/alec,..<_ Attest to Clerk TIM NANCE, Chairman - g-nature o*'� Approved as to fore and legality: Kevin L. Noel! Assistant County Attorney AS TO PLAINTIFF: Item# Agenda da Jas By: 4/(j0---(44---` AIL S. TORTOLANI, Plaintiff d Ia$ j STATE OF FLO ,4'/11 COUNTY OF ` I(j Sworn to (or affirmed) and subscribed before me this `1 day of it %[' , 2015,by IA GAIL S. TORTOLANI, who is ( ) personally known to me or ( ) produced DL- (2.1 as identification. „4.14 (,•,:. ire of Notary Public - State of Florida) .9+/ Notary Public State of Florida Cap/al �or Crystal B Moore 14q p. 's E p rem 121 sx0F17 126863 (Print, Type, or Stamp Commissioned Name of Notary Public) Commissioner Expires Fr Iz4�G3 1Z-U8-17 [14-2017-CA/1217480/1] 4 161( 4 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 — day of , 2015, by and between ALAN R. TORTOLANI, (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 Alan R. Tortolani and Gail S Tortolani v. Collier County, a political subdivision of the State of Florida, Case No. 14-CA- 002011 (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. [14-2017-CA/1217466/1] 1 16K 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 Thirty-Four Thousand and 00/100 ($34,000.00) 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 himself, his 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, liens, 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. [14-2017-CA/1217466/1] 2 16K4 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 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 shall be solely responsible for payment and satisfaction of any liens, medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries and/or damages suffered from the incident described in the Lawsuit. [14-2017-CA/1217466/1] 3 16K4 IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B 0i1u4 �� , ( Byy� � � C t uty Clerk TIM NANCE, Chairman i ZV8��S Attest as . - y „ s; signature only. .;‘� Approved as_to form and°legality: Kevin L. Noell Assistant County Attorney AS TO PLAINTIFF: Item# I CC Y—Lt AgendaO B � 1 ���'�� l/r� Date • LAN R. TO' OLANI, Plaintiff Date 4_6 Reed STATE OF FL I ieputy �' COUNTY OF [� -pA Sworn to (or affirmed) and subscribed before me this V414. day of 4111/1/M2 , 2015, by ALAN R. TORTOLANI, who is ( ) personally known to me or Op ) produced 1)(,- f2_I as identification. ( ignature of Notary Publii/lep/e c - State of Florida) , r Nota Public State of Florida - Crystal B Moore ()Arial p� My Commission FF 126863 (Print, Type, or Stamp �'ia�d� Expires 1210812017 Commissioned Name of Notary Public) Commissioner Expires I Z D?--l7 [14-2017-CA/1217466/1] 4