Agenda 01/15/2008 Item #16K12
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EXECUTIVE SUMMARY
Recommendation to appron settlement prior to tr'ial in the lawsuit entitled Collier County
v. B & G Underground Inc., Case No. 07-1595-CC, in the Twentieth Judicial County
Conrt in and for Collier Connty, Florida. in the amonnt ofSII,OOO.OO.
OBJECTIVE: For the Board of Count} Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District. to approve settlement. whereupon the County will
accept $11,000JJO as full settlement in the lawsuit entitled Collier County v, B & G
Underground Inc Case No. 07-1595-CC, in the Twentieth Judicial County Court in and for
Collier County. Florida.
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CONSIDER~ nONS: On August 17,2005, employees of B & G Underground damaged a six
foot later~1 line at 609 Cypress Way East in Palm River. In addition, on August 18, 2005,
employees of B & G Underground Inc.. damaged a six foot sewer lateral line at 509 Cypress
Way East in Palm River. Wastewater field crews responded to the site and took the appropriate
remedial action to repair the line. As a result of the negligence of B & G Underground, Inc.,
damages were incurred in the approximate amount of $17,OO(LOO, The Defendant has agreed to
pay $11,000,00 which is reasonable considering the cost of litigation would easily exceed
$5,000.00,
FISCAL IMPACT: The settlement oller amounts to $11.000.00, which will be revenue
deposited into the \Vater-Sewcr Operating F ut]d 408.
GRO\VTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSJDERA nONS: Bolh the County Attonley and the Wastewater Director opine
that settlement in the sum of $11.000,00 as full payment fllr the damages is reasonable.
RECOMMENDA no]\': That the !3oard of County COlllmissioners, Ex-Ot1icio the Governing
Board of the Collier County W;lter-SCII ~r District, approve settlement in the amount of
$11.000.00 and authorize the Chail'llElll or the Board of County Commissioners to execute all
necessary documents.
PREPARED BY: William E. !'vlountfclrCl. Assistant County r'\tt1rney
06.0123/38
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COLLIER COUNTY
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Item Number:
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Item Summary:
:.SC~in~;~-lerl:::2!IOn ;:c. &~'r.FC,,,'2 sst'!: "Y1S'n1 pr::x \0 i~,3i If r:-:E 1";Vi~-,U;t e;r,ti~!e.j ~'Jlils: COL:n'y v B
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Meeting Date:
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RELEASE OF ALL CLAIMS
The undersigned, COLLIER COUNTY, FLORIDA, a political subdivision of the
State of Florida, for and in consideration of the sum of ELEVEN THOUSAND DOLLARS
AND 00/100 ($11,000.00), to the undersigned in hand paid, the receipt whereof is
hereby acknowledged, and on behalf of the personal representatives, heirs, successors,
and assigns of said undersigned, do hereby release B & G UNDERGROUND, INC. and
NAUTILUS INSURANCE COMPANY, and their agents, servants and successors, from
any claims. causes of action, demands, rights and damages whatsoever, and its
personal representatives, successors and assigns now have or which may hereafter
accrue on account of any and all known and unknown injuries, losses and damages to
me or my property resulting from incidents which occurred as an alleged result of
construction on or about August 8, 2005 and August 17, 2005 in Collier County, Florida
which resulted in a claim more fully described in the legal action entitled: COLLIER
COUNTY. FLORIDA v. B & G UNDERGROUND. INC., CASE NO.: 07-1595-CC, in the
County Court of the Twentieth Judicial Circuit of the State of Florida in and for Collier
County, Civil Action. .-
As further consideration for the payment of said sum, I hereby represent, warrant
and covenant that no promise or other agreement not herein expressed has been made
to me; that in executing this Release I am not relying upon any statement or
representation made by the party or parties hereby released, or said party's or parties'
agents concerning the nature or extent of said damages, or concerning any other thing
or matter, but am relying solely upon my own judgment; that the above-mentioned sum
is received by me in full satisfaction of all claims and demands whatsoever; that I am
over 18 years of age and legally competent to execute this Release; and that BEFORE
SIGNING THIS RELEASE, I HAVE FULLY INFORME:D MYSELF OF ITS CONTENTS
AND MEANING P.ND HAVE E''(ECUTED IT WITH FULL KNOWLEDGE THEREOF.
As further consideration for the payment of said sum, I agree to satisfy and be
responsible for any and all liens or subrogation claims which have attached to this
settlement. I hereby represent, warrant and covenant that I have not received notice of
and I am not aware of any liens or subrogation ciaims against the proceeds of this
se\tl."ment.
It is further understood and agreed that the payment of the above amount is not
to be construed as an admission of liability, but is a compromise of a disputed claim.
'.ny p ~i'Son who knowingly and with intent to injure, defraud of deceive any
insurance wmpany, files a statement of claim containing any false, incomplete or
misleading information is guilty of a felony of the third degree.
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THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
Executed this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
, CHAIRMAN
Approved as to form and
legal sufficiency:
William E. Mountford
Assistant County Attorney
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