Backup Documents 02/12/2013 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING+Lit
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
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. Colleen M. Greene, ACA County Attorney Office
0'\vt-5
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office 216(C3
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 Phone Number 252-8400
Contact/ Department Assistant County Attorney
Agenda Date Item was 2/12/13 Agenda Item Number 16K1
Approved by the BCC r/
Type of Document Settlement Agreement and Mutual Release Number of Original 3
Attached 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)
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, N/A
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 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 N/A
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 2/12/13 and all changes made CMG
during 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 the CMG
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I: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
161( 1
MEMORANDUM
Date: February 18, 2013
To: Colleen Greene, ACA
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Settlement Agreement prior to trial filed in Collier
County Twentieth Judicial Circuit Court; Case No. 12-CA-924,
Michael A. Padron III v. Collier County
Attached for your records and to further distribute are two original copies of the
agreement referenced above (Item #16K1) approved by the Board of County
Commissioners on February 12, 2013.
The third original will be held on file with the Minutes and Record's Department
in the Board's Official Records.
If you have any questions, please call me at 252-8406.
Thank you.
Attachment (2)
16K1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
referred to as the "Agreement and Release") is entered into and made on this
day of February, 2013 by and between Michael A. Padron, Ill, (hereinafter referred to as
"Plaintiff") and Board of County Commissioners for Collier County (hereinafter referred
to as the "County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Michael A.
Padron, Ill v. Collier County, Case No. 12-924-CA (hereinafter referred to as the
"Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability
or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or
refer in any way, whether directly or indirectly, known or unknown, to the incidents
described or allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County 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 Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1
161( 1
1. Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as 'Whereas Clauses", by reference into this Agreement and
Release.
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 Four Thousand Dollars and 00/100 ($4,000.00) and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, his attorneys, agents, representatives, insurers, heirs,
successors and assigns, hereby expressly releases and forever discharges the County,
as well as its elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, successors, assigns, insurers and affiliates from any and all claims,
demands, causes of actions, damages, costs, attorney's fees, expenses and obligations
of any kind or nature whatsoever that he has asserted or could have asserted in the
Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to
the Lawsuit or any incident, event or allegation referred to or made in the Complaint in
the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
2
161( 1 tki
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs, and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
3
1. K
6 1
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
(Signature page to follow.]
4
, .
16K1
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: a 1a-13
ATTEST: '''.+` BOARD OF CI UN COMMISSIONERS
DWIGHT E BROCK, Clerk OF C• 1.. ER GU , FLORIDA
. ,.....,. -.;„„ 1 ii
a.ti
t f _
►' wty Clerk
VrirA. Hill- • , Chairwoman
Approvedas,to form and By: /r_.-.
legal sufficiency: MICHAEL A. PADRON, Ill, Plaintiff
•
. jfil/i1/11/1 .
Colleen M. Gre- e !1
Assistant County Attorney ;,� f
By: , l
y. /
: 'adley A. Tobin, Esq.
Attorney for Plaintiff
STATE OF Fiee-da
COUNTY OF /7//sb02oei
THIS SETTLEMENT AG EMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by MICHAEL A.
PADRON, III, before eon this 3O' day of Jq 66(6 27 , 2013.
d,_4_,� Personally Known
Signature of otary Public or
Produced Identification
AiE//ar)i Z. 12770Pe
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
p
.z, , WILLIAM L. REINACHER :tern# 'Q ■ 1,
'--; ..'_ MY COMMISSION#DD916128
12-0924-0A/51 -;�''�-'
?,;,,,, - EXPIRES August 12,2013 Agenda 7 -12 43
(407)398-0153 FloridallotaryService.corn Date
Date 2„......:6:13•ec'd
I
� y..
5 . -
epu erk