Agenda 11/18/2014 Item # 16K711/18/2014 16.K.7.
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement reached at mediation in the case
styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the
Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively reimburse
the County for the full amount of damages totaling $33,333.
OBJECTIVE: For the Board of County Commissioners to approve a Settlement Agreement,
tentatively reached at mediation, in the case styled Collier County Board of County
Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc.,
requiring Defendants to reimburse the County for the full amount of damages totaling
$33,333.00.
CONSIDERATIONS: On September 21, 2012 a large section of the County's gravity, sewer
line was impacted with sand in the Las Brisas neighborhood. County staff discovered that the
damage to the system was caused, in part, by a home owner's damaged sewer line allowing sand
to enter into the County system. County staff also discovered that a large oak tree root bulb,
believed to have been planted by the Association, had infiltrated the homeowner's sewer line and
started the sequence of events which ultimately lead to the sewer blockage.
The County hired a contractor to snake the necessary repairs to its main gravity line and incurred
total costs in the amount of $33,333.00. The County was forced to proceed with litigation in
order to attempt to recover the damages.
On November 10, 2014, the parties attended mediation and tentatively agreed to the terms of the
Settlement Agreement requiring the Defendants to collectively reimburse the County for the full
arnount of damages totaling $33,333.00.
FISCAL IMPACT: Defendants' collective reimbursement to the County for damages totaling
$33,333.00 will be credited to the Public Utilities Division, Waste Water Collections
Department.
GROWTH MANAGEMENT IMPACT• There is no Growth management impact associated
with this itern.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. — KLN
RECOMMENDATION: For the Board of County Commissioners to approve a settlement
agreement reached at mediation in the case styled Collier County Board of County
Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc.,
requiring Defendants to collectively reimburse the County for the full amount of damages
totaling $33,333.00.
PREPARED BY: Kevin L. Noell, Assistant County Attorney
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11/18/2014 16.K.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. K. 16. K. 7.
Item Summary: Recommendation to approve a Settlement Agreement reached at
mediation in the case styled Collier County Board of County Commissioners v. the Kirk Family
Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively
reimburse the County for the full amount of damages totaling $33,333.
Meeting Date: 11/18/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
11/12/2014 11:1 l :03 AM
Approved By
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: l 1/] 2/2014 11:25:42 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngrnt Svs, Office of Management & Budget
Date: 11/12/2014 11:38:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11 /12/2014 1:17:36 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1 1/12/2014 1:40:47 PM
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11/18/2014 16.K.7.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
V. Case no: 13CA -1490
THE KIRK FAMILY TRUST, BY AND
THROUGH ALAN KIRK, TRUSTEE
and KATHLEEN CORBETT KIRK,
TRUSTEE, and THE LAS BRISAS
NEIGHBORHOOD ASSOCIATION, INC.,
Defendants.
MEMORANDUM OF SETTLEMENT
On November 10, 2014 and pursuant to the parties stipulation/Court Order, a
Mediation was conducted and a settlement was reached as set forth below:
1. This claim has been amicably resolved between the Plaintiff and Defendants and
Plaintiff agrees to file a Dismissal With Prejudice of all claims.
2. Defendants pLgree to pay Plaintiff the sum of $ `�1'l.'(,w Cat -y-,6C
as full and final settlement of all cl ' s herein and/or relating hereto, to be paid as
follows:
T �t -73 q;2
J ,r12i�1{
3. Plaintiff shall execute and deliver to Defendants a full and final release of all
claims. Settlement funds shall be tendered within_7�'t) days.,,c'- ttek_' 3 c'u l-cj
11
$.
Each parry is to bear its own attorney's fees and costs.
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6.
11/18/2014 16.K.7.
Plaintiff Defe Kirk Famil t
JV
Plaintiff's attorney D fen ' 's tt k Family
Tax ID Defen Bris ei rood
s ociat'on
_/Defend ' attorney (Las Brisas)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
,Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Kevin L. Noell
Assistant County Attorney
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