Backup Documents 04/12-13/2011 Item #10I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 I "~t
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 hl- hlind delivered to the Board Oftkc The r.;omplctcd routing slip and original
documents are to be forwarded to the Board Ollie.: OJ1]~' after the lJo(\rd ha:\ wk..:1l action un the iltlll_l
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed Jrthc document is already complete with the
excention of the Chainnan's siunaturc, draw a line through routing lines # 1 through #4. complete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
1.
-----
2 -------
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-_." -
3. _ __---~. __,.._~,,~-'"~- .-.-...-......
4. Colleen M. Greene, ACA County Attorney ( yY\ &- 04/13/11
5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners 0 tl \3111
6. Minutes and Records Clerk or Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ufthe original document pending [1('(' 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 contact stafr for additional or missing
information. All original documents needing the BCe Chalrll1Hn'S SlgllCllllre are to be delivered to the Bee office only alter the BCe has acted to approve the
item.)
Name of Primary Staff Colleen M, Greene, ACA Phone Number 252-8400
Contact
Agenda Date !tern was April 12, 2011 Agenda Item Number 101
Approved bv the BCC
Type of Document Settlement Agreement (Johnson Number of Original 3
Attached Engineering) Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in tlH: Not Applicahk' column, whichever is appropriate. Yes N/A (Not
(Initial) A licable)
1. Original document has been signed/initialed ror legal suITicieney. (All documcllls to be signed by the eMG
Chairman, with the exception of most letters, must be revic\ved and signed by till' Office orthc
County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the
County Attorney's Office and signature pages ["rom contracts. agn.:cmcnts, ctc tbat 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 havt.: bt:t.:n initialed by the County Attorney's Office and NIA
all other artil's exee t the BCC Chairman and the (,1crk to till: Board
3. The Chairman's signature line date has been entered as the date nfBCC approval of the document or CMU
the final ne otiated contract date ",,'hichcvcr is a licablc.
4. "Sign here" tabs arc placed on the appropriate pages indicating whcre the Chairman's signature and CMG
initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A
provided to Ian Mitchell in the BCe oflice vvithin 24 hours of nc.'c approval. Some documents are
time sensitive and require forwarding to Tallahassee wiLhin a certain time rrame or the Bee's actions
are nullified. Be aware of our deadlines!
6. The document was approved by the Bee on 04/12/11 and all changes made during the meeting CMO
have been incorporated in the attached document. The Count)' Attorney's Office has reviewed
the chan es, if a licable.
1-\. ~ ~ - f (e.-~~ AL C~ (( K.~f~J "r Co U €.~ ~=~ 1
.;L ~ ). - ~ <';0 0 for f t C ~ lA.. f - (r- / ~
I: Formsl County Formsl Bee Forms/ Original Docnmcnts Routing Slip WWS OriginaI9,OJ,04. Revised] .26.05, Revised 2,24.05
(<matter _ numbem/,(documenl_ number>)
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101~
MEMORANDUM
Date: April 13, 2011
To: Colleen Greene (or Kathy)
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement - Johnson Engineering
Enclosed please find two originals referenced above (Agenda Item #101),
which was approved by the Board of County Commissioners on Tuesday,
April 12, 2011.
The Minutes & Records Department has retained an original for the
Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
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101"~ti
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement and
Release") is entered'into and made on this ~ day of rJ.-fQ.. , 2011 by and
between the Collier County Board of County Commissioner ("County") and Johnson
Engineering.
"
WITNESSETH:
WHEREAS, County and Johnson Engineering, without either party admitting any
liability or fault, desire to settle any and all potential or actllal disputes that arise from, relate or
refer in any way, whether directly or indirectly, known or unknown, to the Goodland Boat Park;
and,
WHEREAS, the Parties 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, III consideration of the mutual covenants, promises and
consideration set forth in this Agrcement and Relcase, and with the intent to be legally bound,
the Parties agree as follows:
1. The Parties adopt and incorporate the foregoing recitals by reference into this
Agreement and Releasc.
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 Goodland Boat Park, and
for and in consideration of the sum of One Hundred Thirty Four Thousand Dollars ($134,000.00)
(including Fifty Thousand Dollars in cash, Fifty Thousand Dollars in in-kind services in the
futurc, and Thirty Four Thousand for scrviccs provided by Johnson Engineering but not billed to
the County for this project), and other valuable consideration, the reccipt and adequacy of which
is hereby acknowledged by the County, the County agrees to settle this dispute.
3. In consideration of thc resolution of this dispute, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Johnson Engineering
and Collier County, each agree on behalf of themselves, their attorneys, agents, representativcs,
insurcrs, heirs, successors and assigns, hercby cxprcssly rclcascs and forever discharges the other
Party, as well as its clected officials, officers, employees, ex-employccs, agents, attorneys,
representatives, successors, assigns, insurers and affiliates from any and all claims, demands,
causes of actions, damages, costs, attorney's fees, cxpenses and obligations of any kind or nature
whatsocver that they have asserted or could have asserted in the dispute or that arise from or
relate or refer in any way, whether directly or indirectly, to the Goodland Boat Park or any
incident, event or allegation referrcd to or made regarding the Goodland Boat Park.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement and Release, the Parties agree that either of them (as well as any other persons or
entitics intended to be bound) shall, in the cvent of any breach, retain the right to enforce thc
terms and conditions of this Agreement and Releasc.
5. The Parties acknowledge and agrce that this Agrecment and Release is intended to
and shall be binding upon their respective owncrs, principals, officials, officers, employees, ex-
employees, agents, attorneys, representativcs, insurers, successors, assigns, spouses, heirs, and
affiliates.
I
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6. The Parties 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 the County or Johnson Engineering.
7, The Parties 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, the Parties agree
that all underlying causes of action or claims of either Party 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, the Parties 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.
IN WITNESS WHEREOF, Collier County and Johnson Engineering have signed and
sealed this Agreement and Release as set forth below.
Date: /3 201
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRot~ Clerk OF COLLIER COUNTY, FLORIDA
By: .:11"oJl L.} ("-a~
test .. tel . FR~D W. COYLE, ~~ai -an
Q tgnat.... 011' ~,
Approved as to form and
legal sufficiency:
01)fjJ~p~ ~
Colleen M. Greene
Assistant County Attorney
2
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10 I 'h"
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Johnson Engineering
5111VJ -
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Steven Morrison. President
STATE OF FLORIDA
COUNTY OF 1-.<-<-.
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN C<j:LIER COUNTY
AND JOHNSON ENGINEERING WAS SWORN TO and subscribed by ].1/(...... "'rN";v,,.)
before me on this s-a. day of 4fll.d / .201 I. /
Personally Known L
or
Produced Identification -
PA-r1t ~ C-IA L 1?DMfl-t!"
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires: 0 11.~ .l3
1l0TAIlY PUIlIJC-STATE OF FLORIDA
~ Patricia L, Romano
f;, ) Commission ;II DD84390S
". ,:,;"... Expires: JAN, 23, 2013
1., .',DIm 'l'HRU ATlANTIC aoNDJ]l:Q CO,. INe.
09-7574-CN3660
3
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