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Backup Documents 01/08-09/2013 Item #16K 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT �O 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. 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 Cnnnty Attnrnev nffl . Route to Addressees (List in routing order) Office Initials Date 1. Attorney Initial) Applicable) 2. 1111/13 Agenda Item Number 16 -K -3 3. County Attorney Office County Attorney Office CMG l l 4. BCC Office Board of County Commissioners Number of Original three 5. Minutes and Records Clerk of Court's Office 1 (2B%3 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 Colleen M. Greene, Assistant County Phone Number 252 -8400 Contact / Department Attorney Initial) Applicable) Agenda Date Item was 1111/13 Agenda Item Number 16 -K -3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Settlement Agreement (Agnoli, Barber & Number of Original three Attached Brundage) Documents Attached PO number or account N/A `C number if document isS be by the Office of the County Attorney. l� to recorded All handwritten strike - through and revisions have been initialed by the County Attorney's © INSTRUCTIONS & CHECKLISTS, �oZ L�d.�Y/3 I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 0/12 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? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. C� 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG 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 CMG 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 CMG 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 CMG signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip CMG 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 aw a of our deadlines! 8. The document was approved by the BCC on 1/8/1 nd all changes made during the CMG 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 th BCC, all changes directed by the BCC have been made, and the document is ready r the Chairman's signature. �oZ L�d.�Y/3 I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 0/12 16K 3 MEMORANDUM Date: January 29, 2013 To: Colleen Greene County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Full and Final Release of All Claims Agnoli, Barber & Brundage, Inc. (Thomas A. Sbrocco) Enclosed please find two originals referenced above (Agenda Item #16K3), which was approved by the Board of County Commissioners on Tuesday, January 8, 2013. An original has been kept in the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please call me at 252 -7240. Thank you. 16K 3 SETTLEMENT AGREEMENT AND MUTUAL FULL AND FINAL RELEASE OF ALL CLAIMS This Settlement Agreement and Mutual Full and Final Release of All Claims ( "Settlement Agreement ") is entered into between Collier County, Florida and BayshorelGateway Triangle Community Redevelopment Agency (hereinafter Third Party Plaintiffs) and Agnoli, Barber & Brundage, Inc. (hereinafter Third Party Defendant) The "Third Party Plaintiff" and "Third Party Defendant" are hereinafter collectively referred to as "The Parties." (The terms "Third Party Plaintiffs ", "Third Party Defendant" and "The Parties," shall include singular and plural, heirs, legal representatives and assigns of individuals, the past, present and future officers, directors, stockholders, attorneys, insurers, agents, servants, representatives, members, employees, subsidiaries, affiliates, partners, predecessors and successors in interest and assigns of a corporation or partnership, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, wherever the context so admits or requires.) Recitals A. Thomas A. Sbrocco initially filed suit against Collier County, Florida and BayshorelGateway Triangle Community Redevelopment Agency in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida under Case No. 12 -CA- 2707 (hereinafter referred to as "Lawsuit ") for damages for an alleged taking of property of Sbrocco by Collier County and BayshorelGateway Triangle Community Redevelopment Agency. Plaintiffs Complaint and any amendments thereto or any documents outlining his claim are incorporated by references as if fully set forth herein. B. The Third Party Plaintiff filed a Third Party Complaint in the Lawsuit and alleged breach of contract and indemnification demands, contending that certain defects and deficiency were performed by the Third Party Defendant with respect to the project referred to in The Lawsuit. The Third Party Complaint, or any amendments thereto, or any documents outlining said claims against the Third Party Defendant, are incorporated by reference as if fully set forth herein. C. The Parties desire to enter into this Settlement Agreement to resolve any and all claims, third party claims, cross claims or disputes of any kind which have been brought or could have been brought between the Parties. il. Considerations A. For and in consideration of the monetary payments made by Third Party Defendant to Sbrocco for the damages being claimed by Sbrocco in his Lawsuit, and as reflected in the Mediation Settlement Agreement documents generated as a result of a 16K 3 Mediation on November 28, 2012, the Parties voluntarily, knowingly, and having had the advice, input, consultation and benefit of competent legal counsel of their own choosing, enter into this Settlement Agreement. B. Further, the undersigned signatories, acting in their respective official capacities, for and on behalf of the Parties as indicated below, in consideration of the execution of this Settlement Agreement, by each of the Parties indicated herein, do hereby, jointly and severally, forever discharge and fully release each other, from all claims, causes of action (including, but without limitation, breach of contract, breach of fiduciary duty, professional negligence (malpractice), negligence, any form of defamation (libel or slander)), demands, damages, costs, loss of service, loss of profits, indemnification, loss of use, expenses, attorney fees, compensation, fines and /or penalties for which the Parties are now or for which they may ever become liable, in remuneration of any kind, type or form whatsoever, which the Parties ever had, now have or may have in the future, whether known or unknown, or that any persons or entities claiming through them may have or claim to have against the other sustained, created by, arising out of the services and /or other related professional services heretofore ever provided and as referenced in the allegations of the Lawsuit. C. THIS FULL AND FINAL RELEASE is with respect to any and all engineering and surveying services rendered by Third Party Defendant on the subject Project arising out the providing of services as alleged in the Lawsuit. D. Further, in consideration of the amicable resolution of this matter, the Parties agree to dismiss with prejudice, any and all claims, including third party claims, of any party to or against another party in the aforementioned Lawsuit as all such matters are resolved and any such claims are to be dismissed with prejudice. Statements of Understanding By signing their names below, the Parties, acting in their individual and /or in their representative capacities, make the following explicit statements of understanding: A. The Parties hereby agree to execute and deliver all instruments which are reasonably necessary to carry out the terms, conditions and purposes of this Settlement Agreement. B. The claims and/or alleged damages sustained or claimed to have been sustained by the Parties, as the proximate result of the aforesaid professional services may be uncertain and indefinite as to their existence, nature and extent; and C. Each of the Parties to this Settlement Agreement, acting through their agents, counsel and /or other authorized representatives, states they have not been influenced in any manner or to any extent in making this release by any representations or statements regarding said damages, or regarding any other matters, by the Parties, 16K 3 who are hereby released, or by any person or persons representing the interest of the Parties hereto; and D. The Parties hereto have had the benefit of counsel of their own choosing; and the undersigned signatories to this legally binding agreement fully understand the terms of this Settlement Agreement and, the Parties are making full and final settlement of all claims of every nature and character against the persons and the Parties released herein; and E. The Parties voluntarily accept the aforesaid considerations for the purpose of making a full and final compromise, adjustment, and settlement of all claims, and /or potential claims referenced herein against the Parties hereby released, past, present and future; and F. The Parties hereby released deny any and all liability to each other upon all claims, which the Parties have asserted or might hereafter assert against each other pertaining to the relationship between the Parties; and G. It is further understood and agreed that this settlement is the compromise of doubtful and disputed claims and that this resolution is not to be considered as an admission of liability on the Parties by whom liability is expressly denied. It is further understood and agreed by the undersigned that this Settlement Agreement is intended to cover and does cover not only all known injuries, losses and damages, but any future injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effect and consequences thereof resulting from the said accident, incident, casualty, event or professional services. H. There is no understanding or agreement of any kind for any further or future consideration whatsoever, either implied or expected, whether in the form of money, in -kind services or otherwise. I. We hereby declare we are over the age of 18 years; we are suffering from no physical or mental disabilities whatsoever which would in any manner or form impair or impact our judgment or impact our legal ability(ies) to execute this Settlement Agreement. J. This document constitutes a legal binding obligation on the part of all the Parties named herein. The Settlement Agreement shall have full force and effect, irrespective of the dates of execution of the Settlement Agreement by the Parties' representatives, as indicated below. K. This Settlement Agreement may be executed in one or more duplicate counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Facsimile transmission of any signed original of this document and/or retransmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of any party, the Parties shall confirm facsimile transmission by signing a duplicate original of the Settlement Agreement. 16K 3 L. Collier County expressly agrees that it shall not terminate, suspend, or otherwise bar Agnoli, Barber & Brundage, Inc. from continuing to perform work and services for the County on existing contracts and on work that it may perform in the future, including without limitation, having the opportunity to bid on work for the County, extend existing /supplemental work on existing contracts and/or other contract opportunities that Agnoli, Barber & Brundage, Inc, may have for and with Collier County at any time hereafter, as a result of this settlement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. 16K 3 IN WITNESS WHEREOF, we have hereunto set our hands this day of roved as toformJ &legatsufEldency BOARD F C UNTY C MMISSIONERS OF CO L OUNT , FLORIDA ,r Assisi colieeh Coiinty'ati Achy BY: A�►TTES1` ., GE G A A. HILLER, ESQ. QWiCt''� t:'#Rb4K C CHAIRWOMAN tat� * s C LINTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of 2012, by , on behalf of Collier County, Florida, who is personally known to me or who has produced as identification and who El did 0 did not take an oath, acknowledging that the above and foregoing is true and correct and that it was executed freely and voluntarily for the purposes expressed therein. My Commission Expires: Print/Type Name of Notary Commission No. IN WITNESS WHEREOF, we have hereunto set our hands this day of Jon "o r y _ 20 63. AG [EW STATE OF FLORIDA COUNTY OF I-1° e W. BrunfgeLPresident. 16K 3 INC. __ZHE FOREGOING INSTRUMENT was acknowledged before ma this day of L-Aa l,ua - , 20123, by Dan Brundage, on behalf of Agnoli, Barber & Brundage, Inc., who i ersona nown to me or who has produced as identification and who ❑ did did not take an oath, acknowledging that the above and foregoing is true and correct and that it was executed freely and voluntarily for the purposes expressed therein. My Commission Expires: a w Notary Public State of Florida Sharon Zellner My Commission DD912968 Expires 10/19/2013 Notary Public `� Aare-A---?.ellner' Print/Type Name of Notary Commission No. `fib q! a.9 6, 2 INSTR 4786205 OR 4875 PG 3 `� 3 RECORDED 1/112013 11:58 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $27.00 ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this 8 day of "VL , 20 IS by THOMAS SBROCCO, as Trustee of the Thomas A. Sbrocco, Living Trust UTD 12 -22 -2011, joined by his wife, CARMEN ALICIA TORRES MONTEROSSA (hereinafter collectively referred to as "Grantor" and whose mailing address is 6025 Bayshore Drive, Naples, Florida 34112), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive road right -of -way, drainage and utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS THE HOMESTEAD PROPERTY OF THE GRANTOR TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and /or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ES: ignature) (Print Name) �40_on (Signature) (SDO ti M. 67,mA _ (Print Name) THO A. SBROCCO, individually and as Trustee E YE`rANCE ACCE1�t"EO fit/ 1'[� A6Ep0A�0A' ITEM NO. K 16K 3 � STATE OFu COUNTY OF co The foregoing Road Right -of -Way, Drainage and Utility Easement was acknowledged before me this I &I day of 4uWow _, 20 ( 3 , by Thomas A. Sbrocco, as Trustee of the Thomas A. Sbrocco Living TrustiJTD 11 -22 -2011, who: is personally known to me OR produced TZ -DnV-2V as proof of identity. (affix notarial seal) (Signature of Notary Public) JODI L HANES W OO6MMSSION # EE 100268 EIfPIRES: Juy 1, tots eaaea Ttru Nolery Pmic UadMwdws W749 S :S. /ice (Signature) (Print Name) CSI teen M. f yeene- (Print Name) STATE OF T71.o to N4 COUNTY OF (.Dwtp .. I6DI L H-k" 1� (Print Name of Notary Public) Serial / Commission # (if any): 2 My Commission Expires: 71,1 /s CARMEN ALICIA TORRES MONTEROSSA The foregoing Road Right -of -Way, Drainage and Utility Easement was acknowledged before me this Vla day of ,z�t"ayu 20 15 , by Carmen Alicia Torres Monterossa, who: is personally known to me OR ✓ produced -h l y-(V L-(L,I4.L_ as proof of identity. (affix notarial seal) JODI L HANES _►: = MY COMMISSION t EE 100266 EXPIRES: July 1, 2015 Baided llru Nobly Pubk ftenwkm Appre"ei W to fort. A 10PI 501ndeWy r-2 tl /L -1.�` / Deputy County Attorney (Signature of Notary Public) J OID I L- (Print Name of Notary Public) Serial / Commission # (if any):r C My Commission Expires: 7/1 )1,, -L C2 Co 6 WEST LINE E 112 NE 1/4 SECTION 23, T-50-8. X25-E I SAYSH I ORE DRIVE WEST LINE OF LOT 95 cz, ....... ................... Oy 09W'00!!-4Y- --2,TS.-.74 .......... Irz .............. ...... ... ............................ ....... ?36.74' 40 BO 0 -0 z In A Njj C) MM M Pn- S. 0017000" f ?36.74' 161.76' 40.70 P JE > A M 0 M �In co >1 z 4 -n > W r ART M if 0 z cn -9 C/I too O M M 2; 4 M -n 0 W A r- M M 14 P 1 2 cD Fn LT, C-) MN , ccZ M N2 00 0 cl cc (-- * Fn 3� il 77 � EM z 0 p z 0 E MM 0-4 ;o INA CD 1p:� �z !R r. C O rn CA > E a a M MW Qi 12 M CD ;B 4 M MAM Co 0 C) 0 (n > M M EXHIBIT "All mA 170 >m 0 bo Z zol -," z ZEN, pq M< rh M g, c I COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: / Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div:.Fngineering Services Department, Growth Management Division Person: Marcus L. Berman. P.S.M. Date: 11 -21 -12 Petition No. (If none, give brief description): Railroad Street, Immokalce Florida, Petitioner: (Name & Address): Thomas K. Boardman, P.A. 1400 N. 15'4 Street, Suite 201, Immokalee; Florida, 34142 Name & Address of any person(,$) to be notified by Clerk's Office (If more space is needed, attach separate sheet) Hearing before X BCC BLA Other Requested blearing date: (Based on advertisement appearing 0 days before hearing) January 8, 2013'. Newspaper(s) to be used: (Complete only if important): Maples Daily News ❑ Other ❑ legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost "? Q Yes ® No, If Yes, wbat account should be charged for advertising; costs: 134 c�0000 b 6!&4-n 3 qs" oo t L( ()oaq Reviewed yy� Jac, McKenna - �,6unty B gmeer Date List Attachments: See below DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Mead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review. or request for saute, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies: ❑ County Manager agenda tile. to ❑ Requesting Division Q Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: t r Date Received: 101 ( %7ttte of Public haring: —1 1$ _1 3 Date Advertised: l �' I Zi ._.... ..._ / L 17 i, I Ann P. Jennejohn From: BermanMarcus <MarcusBerman @colliergov.net> Sent: Monday, November 26, 2012 8:17 AM To: Minutes and Records Cc: Patricia L. Morgan; McKenna, Jack; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia; Brock, MaryJo Subject: Ad request for Railroad Street Attachments: Request for legal advertisment for 1 -08 -13 BCC MTG.doc; Approved Resolution.pdf, Location -Site Map Railroad Street Chapman Fruit Co.pdf Good morning, Please process the attached and acknowledge receipt at your earliest convenience. Also please send conformation for final approval to Virginia Neet, Wanda Rodriquez, County Attorney's office, Marcia Kendall and myself. Thank you. Aar-cas Z &.11ralf, /V YX Collier County Land Surveyor Land Development Review Services Growth Management Division /Planning and Regulation Office: (239) 252 -6885 County �_ Please consider the environment before printing this email. Unde. Ro_ d a Lair, e mail addresses are nr'W c, record, lF you do not ��an, you e��mad address relea t � r �. � a + <a�ec3��._�, Qis,., r y response t,, u � utaic .�curi., request, ,e not send e e-df me mail to 'M is entity. '.r,stead3 contac this office by telephom., or invirifing,