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Backup Documents 02/26/2013 Item #16E 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16E3 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 roust be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines #I 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 throu #2, complete the checklist, and forward to the Coun Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Assistant C un Attorney Initial) Applicable) 2. 2/26/13 Agenda Item Number 16 -E -3 3. Colleen M. Greene, ACA County Attorney Office 2-7 3 4. BCC Office Board of County Commissioners Number of Original I 5. Minutes and Records Clerk of Court's Office Documents Attached 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 C un Attorney Initial) Applicable) Agenda Date Item was 2/26/13 Agenda Item Number 16 -E -3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Property Damage Release Release Number of Original I Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's N/A INSTRUCTIONS & CHECKLIST M &R — Please return fully executed copy to Colleen M. Greene, ACA I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Re ' 4 .05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is _ Yes N/A (Not a ro riate. 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 ame;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. 7 All handwritten strike - through and revisions have been initialed by the County Attorney's N/A 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 2/26/13 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. M &R — Please return fully executed copy to Colleen M. Greene, ACA I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Re ' 4 .05; Revised 11/30/12 16E3 MEMORANDUM Date: March 1, 2013 To: Colleen Greene, ACA County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Property Damage Release Attached for your records and to further distribute are two original copies of the agreement referenced above (Item #16E3) approved by the Board of County Commissioners on February 26, 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 -8411. Thank you. Attachment (2) 16E3 PROPERTY DAMAGE RELEASE Risk Claim Number: 22- 42151201177 IN CONSIDERATION OF payment from COLLIER COUNTY the sum of Nineteen Thousand Dollars and 00 /100 ($19,000.00), to Claimant, LIZ PFUNDER, and other good and valuable consideration, LIZ PFUNDER does release and discharge, and by these presents does for herself, her heirs, executors, successors in interest, administrators and assigns, release, acquit and forever discharge COLLIER COUNTY, of and from any and all actions, causes of action, claims or demands for property damage and personal injury, including, but not limited to, repair costs, loss of use, diminution in value, consequential damage, costs, expenses, and any other thing whatsoever on account of, or in any way growing out of, damage to Claimant's property as a result of an accident that happened on or about the 14th day of February, 2012. Claimant agrees within fourteen days of the commencement of this agreement to purchase and maintain coverage for the peril of backup of sewers and drains under her homeowner's insurance policy for as long as she occupies or owns the home. Should the claimant fail to purchase and maintain this coverage and a loss occur, claimant shall hold harmless the County and forfeit the right to file a claim for damages against the County. This provision shall not apply in the event that the cause of the loss is directly attributable to the a malfunction of the sewer system servicing her home by the County, and whereby the cause can be directly attributed to the negligence of the County, confirmed through direct observation of the cause by the Public Utilities staff. Claimant understands that this settlement release is the compromise of a disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons hereby released by whom liability is expressly denied. Claimant further state(s), that she has carefully read the foregoing release and knows the contents thereof, and sign the same by own free act, and that this release contains the entire agreement between the parties. [Signature Page to Follow] Page 1 of 2 16E3 IN WITNESS WHEREOF, Claimant, and the County have signed and sealed this Property Damage Release which is entered into and made on this cQ -7 day of February, 2013, as set forth below. Claimant: L der STATE OF rl 6(G COUNTY OF I Lip f- THIS PROPERTY DAMAGE RELEASE BETWEEN CLAIMANT AND COLLIER COUNTY FLORIDA W,AS SWORN TO and subscribed by LIZ PFUNDER, before me on s _ dX of , 2013. �7 _r.��uw■. -- �14 41 TERbPj�at, .G f tary Public w ;•Mx. Expires • Janu q ~2.2016 i EC15�7 i • ommissioned 14ame of No Pub . O�ne.L�.Ae� (Please print, type or stamp) My Commission expires: ATTEST: BO DWIGHT ) E. BIB( K,,,�<,LERK CO x p t .g- 1Ck By: ty-Clerk AnDroved as'to:fbrm and legal sufficiency: olleen M. Greene Assistant County Attorney 13 -RMG -00318/11 MO MI L uced Identification Type of Identification Produced COUNTY lebrgia A. Hiller, Esq. Chairwoman Page 2 of 2 Item # 1 Agenda (� Date Date Reca Wputy-Clerk