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Backup Documents 10/10/2017 Item #16K2 CUMENTS CHECKLIST & UTING ORIGINALLL ORIGINAL DOCUMENTS SENT TOLIP TOACCOMPANY 1 6 K 2 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 9/27/17 4. BCC Office Board of County Commissioners vim/5/ kcAvtAk 5. Minutes and Records Clerk of Court's Office 4.'117 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 L. Noel],Assistant County Phone Number 252-8424 Contact/Department Attorney Agenda Date Item was 10/10/17 Agenda Item Number 16K -'Z Approved by the BCC Type of Document Mutual Release Agreement-Rubenstein Number of Original 1 Attached 16-CA-2045 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) t 1. Does the document require the chairman's original signat e? OK KLN 2. Does the document need to be sent to another agency for a ional signs s? If yes, KLN 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 KLN 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 KLN 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 KLN 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 KLN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KLN 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 10/10/17 and all changes made during KLN , ���� 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 e KLN BCC,all changes directed by the BCC have been made,and the document is read forAelm „ Chairman's signature. [16-CA-2045/1366178/1 JI: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 11, 2017 To: Kevin Noell, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release - Rubenstein Attached is a copy of the document referenced above, (Item #16K2) approved by the Board of County Commissioners on Tuesday, October 10, 2017. The original document is being held in the Minutes & Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. 16K2 MUTUAL RELEASE AGREEMENT This Mutual Release Agreement ("Agreement") is entered into as of this the - day of Cr.: ,y--- 2017, by and between: (a) Sharon Rubenstein and Lee Rubenstein; (b) Hannula Landscaping and Irrigation, Inc.; (c) Collier County; and (d) FCCI Insurance Company. Collectively, all of the foregoing shall be referred to as the "Parties." AGREED TERMS 1. Settlement Payment On behalf of Hannula Landscaping and Irrigation, Inc. and Collier County, Florida, FCCI insurance shall pay to Sharon and Lee Rubenstein $75,000.00 (seventy- five thousand and 00/100 dollars). The Settlement Payment represents full and final settlement of all claims raised or which could have been raised by Sharon and Lee Rubenstein, Hannula Landscaping and Irrigation, Inc. and Collier County. 2. General Release, Sharon and Lee Rubenstein on behalf of themselves, their predecessors, successors, affiliates, assigns, attorneys, agents, employees, representatives, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, hereby release and discharge Hannula Landscaping and Irrigation, Inc. and Collier County, together with their predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, insurers including, FOCI, companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all 1 16K2 persons acting by, through, under or in concert with them, and each of them, from ALL CLAIMS, including, but not limited to, any claims for bodily injury, all known and unknown charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, property damage, business losses, medical costs, workers compensation liens, hospital liens, medical liens, insurance subrogation claims, claims for contribution, third party interests, pain and suffering, mental anguish, emotional distress, expenses (including attorneys' fees and costs actually incurred), and punitive damages, of any nature whatsoever, known or unknown. Collier County on behalf of themselves, their predecessors, successors, affiliates, assigns, attorneys, agents, employees, representatives, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, hereby release and discharge Hannula Landscaping and Irrigation, Inc., together with its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, insurers including, FCCI, companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with them, and each of them, from ALL CLAIMS for bodily injury and, including all known and unknown charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, property damage, business losses, medical costs, workers compensation liens, hospital 2 7 r��j 16K2 liens, medical liens, insurance subrogation claims, claims for contribution, third party interests, pain and suffering, mental anguish, emotional distress, expenses (including attorneys' fees and costs actually incurred), and punitive damages, of any nature whatsoever, known or unknown. Hannula Landscaping and Irrigation, Inc. on behalf of themselves, their predecessors, successors, affiliates, assigns, attorneys, agents, employees, representatives, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, hereby release and discharge Collier County, together with its predecessors, successors, commissioners, attorneys, contractors, subdivisions, and their past, present, and future officers, directors, interest holders, members, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with them, and each of them, from ALL CLAIMS for bodily injury and, including all known and unknown charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, property damage, business losses, medical costs, workers compensation liens, hospital liens, medical liens, insurance subrogation claims, claims for contribution, third party interests, pain and suffering, mental anguish, emotional distress, expenses (including attorneys' fees and costs actually incurred), and punitive damages, of any nature whatsoever, known or unknown. 3. Release of Collier County: On behalf of Hannula Landscaping and Irrigation, Inc. and Collier County, Florida, FCCI Insurance Group is paying to Sharon and Lee Rubenstein $75,000.00 (seventy-five thousand and 00/100 dollars). This 3 11L7HL 16K ? settlement payment represents full and final settlement of all claims raised or which could have been raised by Sharon and Lee Rubenstein, Hannula Landscaping and Irrigation, Inc. and Collier County. That portion of FCCI's payment to resolve this lawsuit, on behalf of Collier County, if any, was made in reciprocity for Collier County's consideration in waiving any claims against FCCI's insured, Hannula Landscaping and Irrigation, Inc. and/or FOCI, related to Collier County's cost of defense and/or indemnification in the subject lawsuit. Based on the aforementioned consideration received by FCCI and FCCI's insured from Collier County, FCCI, together with its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, insurers, including companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with FOCI, hereby releases Collier County, together with its predecessors, successors, commissioners, attorneys, contractors, subdivisions, and their past, present, and future officers, directors, interest holders, members, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with them, and each of them, from ALL CLAIMS, including but not limited to: claims which could be brought in law or equity, including but not limited to, claims for subrogation, claims for contribution, reimbursement, contribution, all known and unknown charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes 16K2 of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, business losses, costs, liens, third party interests, expenses incurred (including attorneys' fees and costs actually incurred or to be incurred), and punitive damages, and any and all other claims of any nature whatsoever, known or unknown. 4. Any action to enforce the terms of this Release shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Florida, without regard to the principles of conflicts of laws, shall be brought only in the Circuit Court of the 20th Judicial Circuit in and for Collier County, Florida, and Collier County will be entitled to recover any attorney fees and costs incurred to enforce the terms of this Release. 5. By signing this Release, the undersigned acknowledges that the undersigned has relied upon the legal advice of FCCI's respective attorneys, who are the attorneys of FCCI's own choosing, that such terms of this Release are fully understood and voluntarily accepted by FCCI, and that, other than the consideration set forth herein, no promises or representations of any kind, whether oral or written, have been made to them. 6. Dismissal of Lawsuit No later than 10 days from the date of the receipt of the Settlement Payment, Sharon and Lee Rubenstein shall file a notice of voluntary dismissal with prejudice of the lawsuit filed in the 20th Judicial Circuit in and for Collier County, Case no.: 16-CA- 2045. 7. Resolution and Satisfaction of Third-Party Interests/Liens. Settlement is also predicated upon resolution and satisfaction (and release) by Sharon and Lee 5 ,1,/7 16 K2 Rubenstein of any and all third-party interests in each of the claims, including but not limited to hospital and medical liens, Workers Compensation subrogation, all other insurance subrogation (including but not limited to health care insurance, and property insurance), governmental liens (e.g., Child Support liens, Medicare and/or Medicaid), attorneys' fees, and any and all other interests or encumbrances against each and every one of the claims. These liens and interests are to be resolved, satisfied and extinguished by and through the monies paid in settlement to the Party, and no additional funding is being provided for such liens and interests outside of what each Party receives. 8. Counterparts. This Agreement may be executed by the Parties in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Each Counterpart shall identify only the amount the settling Party is receiving and only the settling Party shall know the amount to be received. However, even if one or more Party discloses the amount received to one or more other Party, that shall not invalidate the overall Agreement. 9. No Admission of Liability. The Parties acknowledge that the Settlement Payment was agreed upon as a compromise and final settlement of disputed claims and that payment of the Settlement Payment is not, and may not be construed as, an admission of liability by any of the Parties. 10. Agreement is Legally Binding. This Agreement is legally binding upon and shall inure to the benefit of each of the Parties and their respective successors, assigns, executors, administrators, heirs and estates. 6 1 6 K 2 11. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no modification of this Agreement shall be binding unless in writing and signed by each of the Parties hereto. 12. New or Different Facts: No Effect. Except as provided herein, this Agreement shall be, and remain, in effect despite any alleged breach of this Agreement or the discovery or existence of any new or additional fact, or any fact different from that which either Party now knows or believes to be true. Notwithstanding the foregoing, nothing in this Agreement shall be construed as, or constitute, a release of any Party's rights to enforce the terms of this Agreement. 13. Interpretation. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and such illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. The headings within this Agreement are purely for convenience and are not to be used as an aid in interpretation. Moreover, this Agreement shall not be construed against either Party as the author or drafter of the Agreement. 14. Governing Law and Choice of Forum. This Agreement is made and entered into within and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Florida, without regard to the principles of conflicts of laws. Any action to enforce this Agreement shall be brought only in the Circuit Court of the 20th Judicial Circuit in and for Collier County, Florida. 4 (/u1 1 6 K 2 15. Reliance on Own Counsel. In entering into this Agreement, the Parties acknowledge that they have relied upon the legal advice of their respective attorneys, who are the attorneys of their own choosing, that such terms are fully understood and voluntarily accepted by them, and that, other than the consideration set forth herein, no promises or representations of any kind have been made to them by the other Party. The Parties represent and acknowledge that in executing this Agreement they did not rely, and have not relied, upon any representation or statement, whether oral or written, made by the other Party or by that other Party's agents, representatives or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. 16. Attorneys Fees and Costs. All Parties, each and every, shall bear their own costs. 17. Authority to Execute Agreement. By signing below, each Party warrants and represents that the person signing this Agreement on its behalf has authority to bind that Party. 18. Effective Date. The terms of the Agreement will be effective when a fully executed copy of this Agreement is delivered to counsel for the Parties (the "Effective Date"). READ THE FOREGOING DOCUMENT CAREFULLY. IT INCLUDES A RELEASE OF KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto have caused this Agreement to be executed as of the date(s) set forth below. Sharo Rubenstein By Date: F,/�/7 MICHELLE BECehR, , i��/ " r...7, ..:',-,:-.1 aYPUANotaryPublic State of Fr''My Comm.Expires Jun 9,201b 8 --:;*,,a,,77(1.1"' Commission # FF 115269 4 OF F0 Bonded Through National Notary Assn ;' 6K2 Printed Name: 517 � R©� �.i� //V T �1.� Counsel: I hen MVV Lee Rubenstein BY Date: q— ,' r Printed Name: 7:? x,ppf�F�i r:,,,, MICHELLE BECERRA ` � P. 1` 's Notary Public-State of Florida , �MW--e., : My Comm.Expires Jun 9,2018 Counsel: ►' CCIZ _/1Y), ,L/-) ' sion #4 °Q%°t " Bonded Through National Notary Assn. ' Collier ' f' By Date: 1o\\C>\\`1 Printed Name: t cf..tiNITh 'Tc_,..`'�\cS ATT'E i ,' Approved as to fort and\lega`lity: DWIGHT E.BROCK:CLERK Counsel: G / b atteS Ott1 19an+s Hannula Landscaping and Irrigation, Inc. signature only. By Date: Printed Name: Counsel: FCCI Insurance Company By Date: Printed Name: Michael Kittleberger 9 16 K2 Printed Name: Counsel: Lee Rubenstein By Date: Printed Name: Counsel: Collier County By Date: Printed Name: Counsel: Hannula Landscaping and Irrigation, Inc. /11 ./ 11, Date: S194444, alp 9017 Printed Name: i=.ittNr,,4i14 Counsel: FCCI Insurance Company By Date: Printed Name: Michael Kittleberger 9 16K ? Printed Name: Counsel: Lee Rubenstein By Date: Printed Name: Counsel: Collier County By Date: Printed Name: Counsel: Hannula Landscaping and Irrigation, Inc. By Date: Printed Name: Counsel: FCCI Insurance Co y Date: Printed Name:/ tC/Ve / //477e-44/54C- Michael 7e-/ �'�'t4C' Michael Kittleberger _✓ 9 1 6 K2 Counsel: 10