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Agenda 03/24/2015 Item #16K2 3/24/2015 16.K.2. EXECUTIVE SUMMARY Recommendation to approve tentative Settlement Agreements, in the case styled Collier County v. Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, which require Defendants to collectively reimburse the County for the full amount of damages, plus administrative costs, totaling 526,800. OBJECTIVE: For the Board of County Commissioners to approve tentative Settlement Agreements, in the case styled Collier County v. Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, which require Defendants to collectively reimburse the County for the full amount of damages, plus administrative costs, totaling $26,800.00. CONSIDERATIONS: On October 29, 2013, two vehicles, owned and operated by the Defendants, collided at an intersection in Collier County. As a result of the collision, a traffic control box, owned and maintained by the County, incurred damage and needed to be replaced. The cost to the County was $26,757.88. During settlement negotiations, a tentative agreement has been reached wherein the Defendants collectively agree to reimburse the $26,757.88 to the County, plus administrative costs of$42.12. FISCAL IMPACT: Defendants' collective reimbursement to the County will be credited to the Traffic Operations Department. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - KN RECOMMENDATION: For the Board of County Commissioners to approve tentative Settlement Agreements, in the case styled Collier County v. Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, which require Defendants to collectively reimburse the County for the full amount of damages, plus administrative costs, totaling $26,800.00. PREPARED BY: Kevin L. Noell, Assistant County Attorney Page 1 of 1 Packet Page -1126- 3/24/2015 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve tentative Settlement Agreements, in the case styled Collier County v. Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, which require Defendants to collectively reimburse the County for the full amount of damages, plus administrative costs, totaling$26,800. Meeting Date: 3/24/2015 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 3/12/2015 12:05:28 PM Approved By Name: WalkerJeff Title: Division Director-Risk Management, Risk Management Date: 3/12/2015 1:14:56 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 3/12/2015 1:20:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/12/2015 2:43:14 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgiut Svc, Office of Management&Budget Date: 3/13/2015 9:54:16 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/13/2015 4:12:40 PM Packet Page-1127- 1 3/24/2015 16.K.2. 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 li 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 Packet Page -1128- 3/24/2015 16.K.2. 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 Packet Page -1129- 3/24/2015 16.K.2. VINEYARDS DEVELOPMENT CORPORATION By - 6ba-�-.cc)" fs • J ' ! , TITLE DATED: 2/ \ / ) , 2015. STATE OF FLORIDA ) )SS: 1i COUNTY OF COLLIER ) The undersi Jae , being a Notary Public for the State of Florida, hereby certifies that J4 9 C�.V s appeared before me this 11S.It day of 1—& , , 2015 and is either personally known to me Vr preduccd—the--, €el4owing idlentr'tcatton: , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and I I that the statements contained therein : - a e and correct to the best of his knowledge. 1 k •• . /r 4 O' 'Y P s BLI -TN AND FO* ,HE STATE OF FLORIDA ' .our, Public K.State of. <inrrbe% \ Irtt,s Notary Public-State o1 Florida` ;1 My Comm.Expires Feb 17.2018, Commission# FF 084962 4 "'%`. " Bonded Through National Notary Assn.1 Printed Name Commission Expires [14-2236-CA/1150043/1] Page 3 of 6 Packet Page-1130- 3/24/2015 16.K.2.) r' e ✓' 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 fj • , 2015 and is either personally known to me or produced the following identification: L, L• 7 Z 5-O ' 11-2:59 'i96 • d 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 `edge. ii NOTRY LIC IN AND FOR THE STATE OF FLORIDA (� - - 0?-120 ` n'n Name Commission Expires + ..•PUBS¢ Cc5AR DOMINGO FERNktdD*/ „ z`,% * MY COMMISSION f EE 878226 +i++ EXPIRES:February 25,2017 a\li,oF FLOa°� bonded Tru SAgeir Notary Service; [14-2236-CA/1150043/1] Page 4 of 6 Packet Page -1131- 3/24/2015 16.K.2. :- •HANOVER AMERICAN INSURANCE COMPANY By TITLE 1 4, Ct) DATED: 2015. STATE OF cLi) ) )SS: COUNTY OF The undersigned, being a Notary Public for the State of 476 , hereby certifies that 41;) f (4— appeared before me this "21 day of 7 , 2015 and is either personall kno a • ••- 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. GREGORY PULL NO I RY PUBLIC IN)s;',ND FOR THE STATE OF FLORIDA Ar)„, Notary Public-State of Florida ,Z. My Comm Expires Jan 18,2017 Commission•LE 855712 - CJI 6'7 .1 Printed Name / /12_ Commission Expires [14-2236-CA1115004311] Page 5 of 6 Packet Page -1132- 3/24/2015 16.K.2. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIM NANCE CHAIRMAN DATED: ,2015. ATTEST: DWIGHT E. BROCK CLERK OF COURTS By Deputy Clerk Approved as to form and legality: KEVIN L.NOELL, ESQ. Assistant County Attorney [14-2236-CA/1 I50043/I] Page 6 of 6 Packet Page -1133- I 3/24/2015 16.K.2. 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. Packet Page -1134- • 3/24/2015 16.K.2. 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 si=gnature page made for each party. - r . .o mH f'. .. ASTRID RAMIREZ DATED: en a) , 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 7-2 day of 4f1/L i?l . 2015 and is either personally known to me ✓ car produced the following identification: 1.11 --36.t-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 o l'is k .rwledge. t‘`'00 R�����,f,, N .T�°FZY PUBLIC IN AND FOR THE A1d I6IFIETEA F -rif���TATS�Q;1/4\-` sicn Packet Page -1135- 3/24/2015 16.K.2. • SAFECO INSURANCE COMPANY OF ILLINOIS By ll-G� 404e-co-et,it- CHER L BELL, Claims Specialist DATED:-e x LA A \ , 2015. STATE OFV'(3\d©. ) \.� )SS: COUNTY OF\�.�Vyl ) The undersigned, being a Notary Public for the State of Florida, hereby certifies that CHERYL BELL appeared before me this \-1 day of cif l f 2015 and is either personally known to me or produced the following identification: ack��„cY, I (C 1W , 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. 1)/� �►` iii`` KRISTINA M HAYES NOTRY PUBL C IN AND FOR T S TE F FLORIDA MY COMMISSION ' d EXPIRES May 13, 201 \d‘' d 8 r13 j r\C:k /k4 140-e/el (goo)iscotBO FIorldalloiaryService.com Printed Name H ( 20 Lc- Commission Expires Packet Page-1136- 3/24/2015 16.K.2. , . Printed Name Commission Expires &MEL[A SOSA DATED: (° , 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 //~ day of re: , 2015 and is either personally known to me or produced the following identification: 5 -C,`/7- 00[}_7P- 74,°/-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 kiiowledge. »»oo ' _ ____ u���,- ^~°" NOTRY PUBLIC IN ND FOR THE STATE OF FLORIDA / �~� �� _- - Printed Name F s7r Commission Expires Packet Page -1137- 3/24/2015 16.K.2. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIM NANCE CHAIRMAN DATED: , 2015. ATTEST: DWIGHT E. BROCK CLERK OF COURTS By Deputy Clerk Approved as to form and legality: KEVIN L. NOELL, ESQ. Assistant County Attorney Packet Page-1138-