Backup Documents 11/13/2018 Item #16K10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 1 Q
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. County Attorney Office County Attorney Office KN 11/13/18
4. BCC Office Board of CountyS\P
Commissioners /� t� �r \1 ,
5. Minutes and Records Clerk of Court's Office l 1`k 6 Oil
awt
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 Kevin Noell,Ass' ant County Attorney Phone Number 252-8400
Contact/Department
Agenda Date Item was 11/13/18 Agenda Item Number 16-K-10
Approved by the BCC
Type of Document Settlement Agreement Number of Original One
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 signa e STAMP OK y; KN
2. Does the document need to be sent to another agency for ad t a es? If yes, KN
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 KN
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 KN
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 KN
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 KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this KN
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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 11/13/18 and all changes made during KN N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approv-+ by the L<ay (per N/A is t
BCC,all changes directed by the BCC have been made,and the document is ead for th an optio for
Chairman's signature. <. \\t3St1i )iter:
[04-COA-01081/1344830/1]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
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MEMORANDUM
Date: November 15, 2018
To: Virginia Neet, Paralegal Assistant
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Settlement Agreement and Release— Fredrick Stevens
Attached for your records, is a certified copy of the documents referenced above
(Agenda Item #16K10) adopted by the Board of County Commissioners on
Tuesday, November 13, 2018.
The original will be held in the Minutes & Records Department for the Board's
Official Record.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
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SETTLEMENT AGREEMENT AND RELEASE
KNOW ALL MEN BY THESE PRESENTS, that I, Frederick Stevens ("Releasor") for
and in consideration of the sum of Thirty Thousand Dollars and No/100 ($30,000.00), or other
valuable considerations, received from or on behalf of', Collier County Board of County
Commissioners, the receipt whereof is hereby acknowledged,
HEREBY remise, release, acquit, satisfy, and forever discharge Collier County Board of
County Commissioners, Florida Power and Light Company and its parent corporations,
subsidiaries, affiliates, administrators, directors, officers and assigns, Magnolia Pond Road Dev
Co., LLC, and any insurer of any one, or more, of these three entities ("Releasees"), including
but not limited to any employees, agents, officers, directors, officials, or contractors, from any
and all manner of action and actions, cause and causes of action, demands, suits, damages, debts,
dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments, executions,
claims, and demands whatsoever, in law or in equity, which Releasors ever had, now has, or
hereafter can, shall or may have, against Releasees, for, upon or by reason of any matter, cause
or thing whatsoever, whether direct or vicarious, from the beginning of the works to the day this
document is signed, including but not limited to any and all claims made or which could have
been made, known or unknown, in the case styled Frederick Stevens v. Collier County, Case No.
17-CA-1201, which shall include any claims for attorney's fees and costs. The waiver of claims
shall include and not be limited to release of any claims or causes of action in connection to any
work related personal injuries, loss of wages or otherwise, any damages for permanent loss of
services, comfort, companionship and society for any married or unmarried dependent(s) of
Releasor in connection with the alleged accident that occurred on December 8, 2015.
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Releasor hereby agrees to indemnify and hold harmless the Releasees and attorneys from
all claims, suits, liens, letters of protection and subrogated interest, and agrees to satisfy out of
the proceeds of this settlement, all existing and future liens arising out of the subject matter of
the above mentioned case, including but not limited to any claims, suits, liens, letters of
protection, or subrogated interest made by insurance carriers or medical providers relating to
medical payment or lost wages, and further agrees to satisfy any unpaid child support arrearages
and child support liens out of the proceeds of this settlement.
Releasor had the benefit of personal counsel and fully understands the terms of this
General Release and is making full and final settlement of all claims against Releasees.
Further, it is understood that this General Release shall include a release of all active and
vicarious liability and shall also include a release of any person or entity that would be
vicariously responsible for the acts of Releasees, including but not limited to any parent
corporations, subsidiaries, affiliates, lessors, assigns, corporations, or entity operating as a
fictitious name.
It is further understood and agreed that this settlement is the compromise of
disputed claims and that the payment made is not to be construed as an admission of liability on
the part of Releasees, who expressly deny any liability for this action.
Releasor hereby acknowledges and agrees that Releasor further expressly waives and
assumes the risk of any and all claims for damages against Releasees which exist as of this date
but of which the Releasor does not know or suspect to exist, whether through ignorance,
oversight, error, negligence, or otherwise, and which, if known, would materially affect
Releasors' decision to enter into this General Release. It is understood and agreed that this
settlement is the compromise of a doubtful and disputed claim, and that the payment made is not
to be construed as an admission of liability on the part Releasees and that Releasees deny
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liability and intend merely to avoid litigation. Releasor understands that this claim is being
settled to avoid litigation only and that payment of the sums specified herein is being made as a
complete compromise of matters involving disputed issues of law and fact and the Releasor
thereby assumes the risk that the facts or law may be otherwise than Releasor believes.
It is agreed that this Release is to be governed by, construed and interpreted in
accordance with the laws of the State of Florida. It is agreed that if any term, provision,
covenant, or condition of this Release shall be declared or found to be invalid or unenforceable,
the remaining terms and conditions of this Release shall not be affected, and any other terms and
conditions shall be valid and enforceable to the full extent permitted by law.
It is further understood and agreed that no promise or agreement not expressed within the
written terms of this document has been made to Releasor as inducement to enter into this
agreement and that this General Release contains the entire agreement between the parties to it
and that the terms of this General Release are contractual and not mere recital. The undersigned
declares that he is of the legal age and that he relies wholly upon his own judgment, belief, and
knowledge of the nature, extent, and duration of any damages and that no representations or
statements about any such claims, past, present, or future, made by any physician, agent,
adjuster, attorney, or employee of Releasees have influenced the undersigned in making or
induced the undersigned to make this settlement.
THE UNDERSIGNED HEREBY DECLARES that the terms of this Release, have
been completely read and are FULLY UNDERSTOOD and VOLUNTARILY accepted for the
purpose of making a full and final compromise adjustment and settlement of any and all claims,
DISPUTED OR OTHERWISE, against all persons and entities described above (all such claims
are expressly denied), on account of the injuries and damages above-mentioned and for the
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express purpose of precluding FOREVER any further or additional claims arising out of the
aforesaid accident.
(Wherever used in this agreement, the terms "Releasors" and"Releasees" includes those
parties specifically named in this release,any insurer and all other entities and persons,natural or
corporate. The terms "Releasors" and"Releasees" also includes singular and plural, heirs, legal
representatives, assigns of individuals, employees, agents, servants, officers and directors,
stockholders, attorneys, representatives, employers, successor subsidiaries, affiliates, partners,
predecessors or successors in interest, and assigns of corporations, and insurers, whenever the
context so admits or requires.)
IN WITNESS WHEREOF, I hereunto set my hand and seal on this day of
/fit , 2018.
By: , �'"
rederic St ens,Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this Z.,"day of ' , 2018, by
FREDERICK STEVENS, who is ( ) personally known to me or ( ) produced -
3/5-253--Yi- as identification.
(Signa a of otary ublic- State of Florida)
(Print,Type,or Stamp
Commissioned Name of Notary Public)
Commissios S4ttgA AAINFS
firi , MY COMMISSION#FF 163849
EXPBonded 2018
Thru Notary December
ccunde ers
AS TO COUNTY:
ATTEST:
BOARD OF CO TY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIE: 0 Y,FLO'. 1r
CS73°
By e
Attest as to CRfittleiclerk • a SOLIS,Chairman \A\?
4
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Approved as to form and legality
Kevin L. Noell
Assistant County Attorney
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