Agenda 01/14/2014 Item # 16K1 1/14/2014 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve the proposed Settlement Agreement reached by the parties in
the lawsuit styled Board of County Commissioners of Collier County, Florida, v. Timothy
Hilts, Case No. 12-4482-CA, filed in the Circuit Court of the Twentieth Judicial Circuit in
and for Collier County, Florida, for the sum of $30,094, and to authorize the Chair to
execute the proposed Settlement Agreement.
OBJECTIVE: Recommendation to approve the proposed Settlement Agreement in the lawsuit
filed by the Board of County Commissioners against Timothy Hilts, for the sum of$30,094.00
and authorize the Chair to execute the proposed Settlement Agreement.
CONSIDERATIONS: The incident occurred on April 17, 2012, while Mr. Hilts operated his
vehicle on Vanderbilt Beach Road. Mr. Hilts accelerated aggressively, causing his vehicle's
wheels to lose traction and subsequently lose control of his vehicle. The vehicle crashed into a
County-owned and maintained fire hydrant. The damage to the fire hydrant caused a massive
water flow across Vanderbilt Beach Road and extensive damage to the nearby sidewalk. As a
result, the County incurred damages in the amount of$29,649.00 for repair to the fire hydrant,
sidewalk and street, plus $445.00 in litigation costs. GEICO, on behalf of Mr. Hilts, has agreed
to contribute the full insurance policy amount of$10,000.00 to the settlement and Mr. Hilts has
agreed to pay the difference of $20,094.00 to the County, via a $1500.00 down payment and
monthly payments of$250.00, until the debt is paid in full.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires majority support for approval. -KLN
RECOMMENDATION: The County Attorney's Office has reviewed this proposed Settlement
Agreement with the Risk Management Department and recommends that the Board of County
Commissioners approve this proposed Settlement Agreement and the Chair execute the same.
Prepared by: Kevin L. Noell, Assistant County Attorney
12-4482-CA/I09
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve the proposed Settlement Agreement
reached by the parties in the lawsuit styled Board of County Commissioners of Collier County,
Florida,v.Timothy Hilts, Case No. 12-4482-CA, filed in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, for the sum of$30,094, and to authorize the Chair to
execute the proposed Settlement Agreement.
Meeting Date: 1/14/2014
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
12/19/2013 2:11:00 PM
Submitted by
Title: Attorney of Record(CAO)
Name: NoellKevin
12/19/2013 2:11:02 PM
Approved By
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 12/19/2013 3:07:52 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 12/20/2013 9:16:40 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/20/2013 9:46:45 AM
Name: OchsLeo
Title: County Manager
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Date: 1/6/2014 9:07:24 AM
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RELEASE AND SETTLEMENT OF CLAIMS
THIS RELEASE AND SETTLEMENT OF CLAIMS Agreement ("Agreement") is
entered into and made on this day of , 2013 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 iei varr 1,Jag, and continuing each month thereafter on
or before the i S+-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: ` as 1 Gibl
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk Georgia A. Hiller, Esq., Chairwoman
Approved as to form and By:
legal sufficiency: Timo Hilts
Kevin L.Noell
Assistant County Attorney j l
By )
Brett A. Gelman,Esq.
Attorney for Defendant
STATE OF II a
COUNTY OF .� I .
This Release and Settlement Claims Agreement was sworn to and subscribed by Timothy
��
Hilts, before me on this c day of`\NO. YVIV/ , 2013.
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Personally Known
of Notary Public or j
Produced Identification ✓
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Commissioned Name of Notary Public Type of Identification Produced
(Please print,type or stamp)
My Commission expires:-4X% aoly
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• .State of Florida
My Comm.Notary Public p Expires Ap ESPf 22,2014
or F,°¢,° Commission#00 984507
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