Backup Documents 01/08/2019 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 1
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 2/5/19
4. BCC Office Board of County
Commissioners yi \l\
5. Minutes and Records Clerk of Court's Office II q '(6-� �4s l l 'Orn,
PRIMARY CONTACT INFORMATION 1
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,Assistant County Attorney Phone Number 252-8400
Contact/Department
Agenda Date Item was 1/8/19 Agenda Item Number 16-K-1
Approved by the BCC
Type of Document Settlement Agreement-Paternostro 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 sign. ure STAMP OK KN
2. Does the document need to be sent to another agency for a. ' 'onal signa i - . 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 fmal 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 1/8/19 and all changes made durin the KN
meeting have been incorporated in the attached document. The County o
Office has reviewed the changes,if applicable. _
9. Initials of attorney verifying that the attached document is the version app ved by the
BCC,all changes directed by the BCC have been made,and the document' re 1-0`r the
Chairman's signature. c -
[04-COA-01081/1344830/1][: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: February 6, 2019
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement— Louis M. Paternostro
Attached is a scanned copy of the original document referenced above, (Item #16K1)
approved by the Board of County Commissioners on Tuesday, January 8, 2019.
The original document will be kept in the Minutes & Records Department as part
of the Board's Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
16 { 1
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this day of--� �r , 2019,by and between LOUIS M.
PATERNOSTRO, (hereinafter referred to as "Plaintiff') and Regent Park Villas I Association,
Inc. and Collier County Board of County Commissioners (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 Louis M. Paternostro v.
Regen Park Villas I Association and Collier County, Case No. 17-CA-1508 (hereinafter referred
to as the "Lawsuit"); and
WHEREAS, Plaintiff, Regent Park Villas 1 Association, Inc. and the County, without
either party admitting any liability or fault, desires 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, Regent Park Villas I Association, Inc. and the County desire to
reduce the settlement to a writing so that it shall be binding upon both parties' 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 with the intent to be legally bound, Plaintiff,
Regent Park Villas I Association, Inc. and the County agree as follows:
[17-CA-1508/1449407/1] 1
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1. Plaintiff, Regent Park Villas I Association, Inc. and the County adopt and
incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into
this Agreement.
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 One Thousand Five Hundred Dollars and No/100 ($1,500.00) from
Regent Park Villas I Association, Inc and Twenty-three Thousand Five Hundred Dollars and
No/100 ($23,500.00) 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 Regent Park Villas I Association, Inc. and the County,
as well as its elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, successors, assigns, insurers, affiliates, from any and all claims, demands, causes
of actions, damages, costs, liens, attorney's fees, expenses, medical bills and obligations of any
kind or nature whatsoever that she 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, Plaintiff, Regent Park Villas I Association, Inc. 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.
[17-CA-1508/1449407/1] 2
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5. Plaintiff, Regent Park Villas I Association, Inc. and the County acknowledge and
agree that this Agreement 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, Regent Park Villas I Association, Inc. and the County recognize and
acknowledge that this Agreement memorializes and states a settlement of disputed claims and
nothing in this Agreement 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, Regent Park Villas I
Association, Inc. or the County.
7. Plaintiff, Regent Park Villas I Association, Inc. and the County acknowledge and
agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous
language or provision in this Agreement 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 may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement,Plaintiff; Regent Park Villas I
Association, Inc. and the County agree that all underlying causes of action or claims of Plaintiff
have been extinguished by this Agreement and that the sole remedy for breach of this Agreement
shall be for specific performance of its terms and conditions or any damages arising from the
breach. In this regard, Plaintiff; Regent Park Villas I Association, Inc. 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.
10. This Agreement shall be governed by the laws of the State of Florida.
[17-CA-1508/1449407/1] 3
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11. Plaintiff shall be solely responsible for payment and satisfaction of any liens,
medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF, Plaintiff, Regent Park Villas I Association, Inc. and the
County have signed and sealed this Agreement and Release as set forth below.
7
By: 2-i-a ea&
Louis M. Paternostro, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this Lj day f rte , 2019, by
LOUIS M. PATERNOSTRO, who is ( ) personal y kno to me or ) produce.
19 nil Otc- CT as identification.
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By:
Regent Park Villas I Association, Inc.
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this day of , 2019, by
, who is ( )personally known to me
or( )produced as identification.
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp
Commissioned Name of Notary Public)
Commission Expires
[17-CA-1508/1449407/1] 4
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11. Plaintiff shall be solely responsible for payment and satisfaction of any liens,
medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF, Plaintiff, Regent Park Villas I Association, Inc. and the
County have signed and sealed this Agreement and Release as set forth below.
By:
Louis M. Patemostro, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this day of , 2018, by
LOUIS M. PATERNOSTRO, who is ( ) personally known to me or ( ) produced
as identification.
(Signature of Notary Public- State of Florida)
(Print,Type, or Stamp
Commissioned Name of Notary Public)
Commission Expires
By: -�
Regent Park Villas I Association, Inc.
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this tt-13day of N.. ._ . 2011, by
Crdo , who is ( lersonally own to me
or( )produced as identificati .
into;. PATRICIA ANN BRA NNER (Signature of Notary Public - State of Florida)
MY COMMISSION#FF 991009
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AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS
;
OF COLLIER ORIDA
at
6 ().. AP/ 4ow_ _ .4IP° -
'Feast as sv_rt s.)ir I? putt'Clerk W.�. McDaniel, r., Chairman
Date:' , '6' 'L 1
l. Date: \�S�\c-A
Approved assto form and legality
_'c�C
Kevin L. Noell
Assistant County Attorney
{17-CA-1508/1449407/J] 5