Backup Documents 12/11-12/2012 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLt 6 K 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents arc to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 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#4,complete the checklist,and forward o Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Colleen M. Greene, ACA County Attorney's Office . 12/11/12
5. BCC Office Board of County Commissioners
6. Minutes and Records Clerk of Court's Office `tfrt iry
PRIMARY CONTACT INFORMATION I
(The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to con act staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after he BCC has acted to approve the
item.)
Name of Primary Staff Colleen M. Greene, ACA Phone Number 239-252-8400
Contact
Agenda Date Item was 12/11/12 ✓ Agenda Item Number 16K2
Approved by the BCC
Type of Document Settlement Agreement &Meditation Number of Original 2
Attached Agreement Documents Attached
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. 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. This includes signature pages from ordinances,
resolutions,etc. signed by the County Attorney's Office and signature pages from
contracts, agreements,etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. 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
3. 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.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception),the original document and this routing slip N/A
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6. The document was approved by the BCC on tZttt,t7.—.(enter date)and all changes
made during the meeting have been incorporated in the attached document.The
County Attorney's Office has reviewed the changes,if applicable.
7. Please return the original documents to Colleen M.Greene,ACA CMG
i)
161( 2
MEMORANDUM
Date: December 17, 2012
To: Colleen Greene, ACA
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release and the Mediation
Agreement concerning Circuit Court Case No. 11-834-CA;
Vernon and Jeanne Young vs. Collier County and the
Wyndemere Homeowner's Association
Attached for your records are copies of the agreements referenced above (Item #16K2)
approved by the Board of County Commissioners on Tuesday, December 11, 2012.
The original will be held on file in the Minutes and Record's Department in the
Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachment (2)
116K 2
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 1
day of December, 2012 by and between JEANNE M. YOUNG (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 VERNON H.
YOUNG and JEANNE M. YOUNG v. COLLIER COUNTY, FLORIDA, et al.; Case No.
11-834-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:
Page I of 4
16K ?
1. 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 Ten Thousand Dollars and 00/100 ($10,000.00) and
relocation of the County utilities located at 399 Edgemere Way North, Naples, Florida,
as specifically memorialized in the Mediation Agreement and its attachments, and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
2. 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 themselves, their 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 they have 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.
3. 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.
Page 2 of 4
16KZ
4. 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.
5. 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.
6. 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.
7. 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.
8. In this regard, Plaintiff and the 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 any action to avoid, interpret or enforce this Agreement shall
entitle the prevailing party to all reasonable attorneys fees and costs in any forum until
resolved.
Page 3 of 4
16 K ?
9. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
ATTEST: , BOARD OF COUNTY COMMISSIONERS
DVVIG1-13CE5BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By • lib.,A
puty Clerk FRED W. COYLE I airman
141** • MASI et!
App Prifir"9".
d e lig to form and By .ar fair/ k! r
legal sufficiency: 'NNE M. YOUNG, *lai tiff
,N(6 0,6X26/4.1/102____
KIC„i6ileen M. Greene
Assistant County Attorney
STATE OF
COUNTY OF 8!),LL,LL4--
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA/WAS SWORN TO and subscribed by JEANNE M.
YOUNG. before me on this 471- day of 7eif77bQ , 2012.
Personally Known
,07gnature of Notary Public or
u Produced Identification
,61:•!:',N, DIANE Astrao
MY COMMISSION#EE 036547
EXPIRES:December 17,2 0 14
Cam ittfieb,01'fitte;519qt5try Public Type of identification Produced
(Please print, type or stamp)
My Commission expires:
Item*
Agenda pii/1>
Date
Date 11__
Redd
abz,„
N:x4014
A0110111"
16K2
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
VERNON H. YOUNG and JEANNE M. YOUNG,
Plaintiffs,
vs. Case No. 11-834 CA
COLLIER COUNTY, FLORIDA
A POLITICIAL SUBDIVISON OF THE STATE
OF FLORIDA BY AND THROUGH THE
COUNTY COMMISSIONERS AND WYNDEMERE HOME
OWNERS ASSOCIATION, INC.
Defendants.
MEDIATION AGREEMENT
This SETTLEMENT AGREEMENT was dictated on the 30th day of October,
2012, in the presence of the following:
Jeanne Young Tom Chmelik, Director of Engineering, Public Utilities
Greg Young Jeff Walker, Director of Risk Management
John F. Hooley, Esq. George Yilmaz, Admin. Public Utilities
Colleen Greene, Esq. Kevin NoeII, Esq.
WHEREAS, this Mediation Agreement resolves and settles that certain lawsuit
filed by JEANNE M. YOUNG, as Plaintiff against COLLIER COUNTY, as Defendant,
which lawsuit is currently pending in the Circuit Court of Collier County;
WHEREAS, this Mediation Agreement and actual work is contingent upon the
approval from the Board of County Commissioners; and
NOW THEREFORE, in consideration of the foregoing recitals and the following
mutual promises (the receipt and sufficiency of such consideration being acknowledged
by the parties), the parties agree as follows:
1. Defendant, COLLIER COUNTY agrees to move the equipment boxes so that they
are placed perpendicular to the right-of-way behind the FPL electrical transformer
box in accordance with the design attached as Exhibit "A".
Page 1 of 4
16K2
2. A junction box will be required to be placed at the present location of the equipment
boxes, which should be no taller than three (3) feet.
3. The equipment boxes will be lowered in height by approximately eighteen (18)
inches to take advantage of the space cleared by the junction box when such
boxes are moved to the new location.
4. The relocation of the antenna shall be adjacent to the relocated equipment and will
be attached thereto as close to the eastern property boundary as possible.
5. The County has examined its options and determined that it will not need a tripod
type of antenna, The County will be able to effect the same type of data
transmission with a single pole antenna that will be approximately the same height
but consist of a single vertical member.
6. The County requires a specific utility easement within the present utility easement
that will be drafted by the County and reviewed by Counsel for Plaintiff as well as
an additional utility easement over the property owned by Plaintiff consisting of a
square of five (5) feet by five (5) feet directly behind the new installation of
equipment boxes.
7. The installation will be substantially in accordance with Exhibit"A" attached to this
agreement showing the square of five (5) feet by five (5) feet.
8. The entire placement will be re-landscaped by the County. The landscape
maintenance will be the responsibility of homeowner or Homeowners' Association.
9. The new landscaping in the right-of-way shall not exceed three (3)feet in height to
facilitate the safe exit of the driveway at 399 Edgemere Way.
10. The County has agreed to pay Plaintiff, JEANNE M. YOUNG, $10,000.00 within
ten (10) days of the approval of this Settlement Agreement by the Board of County
Commissioners.
11. The County cannot effect the repositioning of equipment or landscaping until this
Agreement, the plans, and the proposals for work are presented to, and approved
by, the Board of County Commissioners. The next Commission meeting that
would allow staff to fully document the work will occur on December 11, 2012.
Page 2 of 4
16K2
12. The County anticipates that, barring extraordinary circumstances, the
reinstallation of the equipment shall occur within 90 days of Board approval of the
bids and agrees to complete the work earlier if possible.
13. The parties agree to abate the action until such time as this Mediation Agreement
has been fully performed and Plaintiff shall file a Dismissal upon relocation of the
equipment and payment of the settlement amount.
14. The parties will stipulate to dismiss this action with prejudice when the settlement
is fully satisfied.
15. Each Party shall bear its own attorneys fees, costs and expenses except for those
specifically set forth herein.
16. The County agrees to provide notification to the Plaintiff of the expected date of the
construction.
17. Upon completion of the installation in conformity with this Agreement, Jeanne M.
Young agrees to dismiss her lawsuit with prejudice.
This Agreement is in full force and effect under the laws of the State of Florida and
cannot be modified except by writing, signed by all parties. In the event any party to this
Agreement seeks to have it enforced, interpreted or avoided, the prevailing party in any
such action shall be entitled to all reasonable attorney fees, costs and expenses.
All parties have full authority to bind and execute this Mediation Agreement.
Signature page to follow
Page 3 of 4
16K2
Date: \GAWtka
ATTES;Fil ,r:Tfr BOARD OF COUNTY COMMISSIONERS
DWIGHTE:BROK. Clerk OF COLLIER COUNTY, FLORIDA
By
* 0.C.,•
• st •
i*
• iiht Clerk FRED W. COYLE Ch.' man
. tos •
Appr"Oved as to form and By V' ../!..414..d.41, • / 40/
legal sufficiency: I ANNE M. YOUNG, Pyaint.
LJ
f '
C6°°1/t141/
co'Ileen M. Greene
Assistant County Attorney
STATE OF
COUNTY OF CAM j_p_AA
THIS MEDIATION AGREEMgNT WAS SWORN TO and subscribed by JEANNE M.
YOUNG, before me on this 1-1-11-t day of-1- Cie,r-v1 be , 2012,
' 1 Att Personally Known
Signature of Notary Public or
DIANE ALDERUOCIO Produced Identification
MY COMMISSION#EE 036547
T EXPIRES:December 17,2014
Qe Bonded Thru Budget Notary Services
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
Page 4 of 4
16K2
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16K 2
INSTR 4778153 OR 4868 PG 375
RECORDED 12/21/2012 LERK OF PAGES E RCUIT COURT
DWIGHT E. BROCK,
COLLIER COUNTY REC$35 6 70 PROJECT WYNDEMERE Ps 110.018 DOC@
FOLIO No:68390400006
T TILITY EASEMENT
THIS EASEMENT, made and entered into this I a day of
, 2012, by JEANNE M. YOUNG, the unremarried spouse of Vernon
H. Young, whose mailing address is 399 Edgemere Way North, Naples, Florida 34105-
7148, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose
mailing address is 3335 Tamiami Trail East, Suite 101, 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 or assigns.)
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, its
successors and assigns, a perpetual, non-exclusive easement for all wastewater utility
facilities and access purposes, 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 NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to wastewater lines and pipes, electrical panels, telemetry tower, and other
equipment or improvements appurtenant thereto or thereunder for the purpose of
constructing, operating, and maintaining wastewater utility facilities thereon. The
easement granted herein shall constitute easements running with the land and shall
burden the lands described above.
THIS comma w TM
OF COUNTY CaNNISSIcuus,
.�.
al COUNTY, FLORIDA,
is IT
N EM NO. /(?KZ
16K2
PROJECT WYNDEMERE PS 110 CIB
FOLIO No. 66390400006
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
JEANNE. M. YOUNG, the unremarried
spouse of Vernon H. Young
2
By: • / 2/!'
( Witness (S gna ure) T ,(/
Name: /Z-V (Print or Type)
(P lit or Type)
Title:
,ICI ril I
fitness '' ature)
Name: CIO(A{"("e ) .14( t/a Vl bu k"t /
(Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
The fore oing Utility Easement was acknowledged before me this day of
X ?r7 V , 2012 by Jeanne M. Young, the unremarried spouse of Vernon H.
Young, who is [personally known to me, or [ } who has produced
as identification.
--
WITNESS my hand and official seal this it day of b4ICQ , 2012.
(affix notarial seal)
ignature f
u Notary Public)
•ut+, °'""E"L°E CCIO )'Qfie 7T 1Gh` --
uc C l 0
COM� a
(Print Name of Notary Public)
* u,,' • EXPIRES:December ,20.14 NOTARY PUBLIC
mI,rE�f`�A BOididTh`" Serial/Commission #:(if any) ei 03(a sV y
My Commission Expires: /Zl/`7 j/
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16K 2
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