Backup Documents 12/01/2009 Item #16K 4
16K 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 h.md delivered to the Board Ofticc. 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 infonnation needed, lfthe document is already complete with the
exccDtion of the Chairman's signature, draw a line through routinl1lines #1 throuoh #4, comnletc thl~ checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1. 1--
--
. --
2.
3. -------
4. Colleen M. Greene, ACA County Attorney 12/01/09
5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners ~ lZ/OI/O'
6. Minutes and Records Clerk of Court's Office
7. Colleen M. Greene, ACA County Attornev
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BeC 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 staff for additional or missing
information. All original documents needing the BCe Chainnan 's signature arc to be delivered to the BCe office only after the BCC has acted to approve the
item)
Name of Primary Staff Colleen M. Greene, ACA Phone Number 252-8400
Contact
Agenda Date Item was 12/01/09 Agenda Item Number 16-K-4
ADDroved bv the BCC
Type of Document Settlement Agreement & Mutual Release- Numbt:r of Original 1
Attached SUIT Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be 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 pagt's from ordinances, resolutions, dc. 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.
All handwritten strike-through and revisions have been initialed hy the Count)' Attorney's Office and
all other arties exce t the BeC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the document or CMG
the final ne otiated contract date whichever is a licablt-.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG
initials are re uired.
In most cases (some contracts are an exception). the original document and this routing slip should be
provided to Sue Filson in the BCC oftice within 24 hours ofBCC approval. Some documents arc
time sensitive and require forwarding to Tallahassee ""ithin a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
The document was approved by the BCe on 12/01109 and all changes made during the meeting CMG
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a licable.
Please return one executed co to Colleen M. Greene, ACA CMG
2.
N/A
3.
4.
5.
NlA
6.
7.
I: Formsl County Forms/ Bce Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
((matter _ numbcn)/((document_ numben)
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MEMORANDUM
Date:
December I, 2009
To:
Colleen Greene
County Attorney's Office
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Mutual Release (Surr)
Enclosed please find a copy referenced above (Agenda Item #16K4), which
was approved by the Board of County Commissioners on Tuesday, December
1,2009.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosures (1)
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
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THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 1'-"6 day of
/-JeyJ .
.
, 2009 by and between CORNELIA SURR, and
THOMAS H. SURR, (hereinafter referred to as "Plaintiffs") and Board of County
Commissioners for Collier County (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Cornelia Surr and
Thomas H. Surr, husband and wife v. Collier County Board of Commissioners, Case
No. 07-4273-CA (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiffs and the County, without either of them 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, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiffs 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, Plaintiffs and the County agree as follows:
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1. Plaintiffs and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
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 Fifteen Thousand Dollars and 00/100 ($15,000.00) and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Plaintiffs, Plaintiffs agree 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 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.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiffs 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.
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5. Plaintiffs 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.
6. Plaintiffs 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 Plaintiffs or
the County.
7. Plaintiffs 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.
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, Plaintiffs
and the County agree that all underlying causes of action or claims of Plaintiffs 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, Plaintiffs and the
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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 and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiffs, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: ~ I, aOoq
.
ATTEST:. .
DWIGHT E. B~0c.K, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By: 'tt-...~ ~4'.4..
DONNA FIALA, Chairman
Attelt as 'QI 'eM
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By: (~11;z,,,, ~.~',5- lc^-f,--.
CORNELIA SURR, Plaintiff
By:;J!:t<<~/~~
THOMAS H. SURR, Plaintiff
\te",#~
Agenda ~
Date
Date \" I .", D~
Rec'd ~
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STATE OF
COUNTY OF
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THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by CORNELIA
SURR and THOMAS H. SURR, before me on this ~ day of iLJ c) t/ '
2009.
'-/1k,~-lck(Jr
Signature otary Public
Personally Known
or
Produced Identification
Approved as to form and
legal sufficiency:
~-mAt~jl, 0
Colleen M. Greene
Assistant County Attorney
07-4273-CN87
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