Backup Documents 12/08/2020 Item #16K 6 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. 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 routinp_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. 1 Risk-Management
3. County Attorney Office County Attorney Office JAK 12-8-20
4. BCC Office Board of County BS by JH/s/ o
Commissioners
5. Minutes and Records Clerk of Court's Office t(le l a�Jap ter'q5Alt-
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 Colleen Greene/County Attorney's Office Phone 239-252-2925
Contact/ Department
Agenda Date Item was December 8,2020 Agenda Item Number �/
ieo
Approved by the BCC F
k
Type of Document Chairman to sign a partial Settlement Agreement Number of Original 1�
Attached in the lawsuit pending as Board of County Documents Attached
Commissioners of Collier County,Florida v.
Certain Underwriters at Lloyd's of London,et al;
Case No. 18-CA-2727=
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 signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 JAK
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 N/A
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 December 8,2020 and all changes made JAK
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready forth•/
Chairman's signature.
� Semi- �('� -� �
1:Forms/CountyF�/BCC Forms/Original Documents ting Slip WWS Original 9.03.04,Revised 1.26.05, , -1 .24.0 ;Revised 11/30/12
� 6K6
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, December 8, 2020 10:44 AM
To: walker.j
Subject: Item #16K6 12-8-20 BCC Meeting (Settlement Agreement Lloyd's of London)
Attachments: Item #16K6 12_8_20 BCC Meeting (Lloyds of London Settlement Agreement).pdf
Good Morvtivtg Jeff,
AK executed copy of Item #161(6, from the
Board's December 8, 2020 Meeting, is attached
for your records.
Thavtkyou.
Ann Jennejohn
BMR Senior Deputy Clerk
` ,,tTiYh:kr Clerk to the Value Adjustment Board
Office: 239-zsz-8406
Fax: 239-252-8408 (if applicable)
Ann.Jevtvtejohn@CollierClerk.com
rrYrfE � � Office of the Clerk of the Circuit Court
k & Comptroller of Collier County
3299 Tamiami Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
i
1(
MEDIATED SETTLEMENT AGREEMENT
This MEDIATED SETTLEMENT AGREEMENT (hereinafter referred to as"Agreement")
is made and entered into by and between Board of County Commissioners of Collier County,
Florida ("County"); and Certain Underwriters at Lloyd's of London, Landmark American
Insurance Company, Westchester Surplus Lines Insurance Company, and Arch Specialty
Insurance Company (collectively, "Insurers"); the County and Insurers may hereinafter be
collectively referred to as the "Parties" or individually as a "Party."
WHEREAS, the County is the governing body for Collier County, Florida, a political
subdivision of the State of Florida;
WHEREAS, the County alleges it sustained property damage on or about September
10, 2017, as a result of Hurricane Irma;
WHEREAS, at the time of the storm, the County was insured under a first-party
commercial property insurance program to which Insurers severally subscribed (collectively the
"Policy");
WHEREAS, the County requested insurance coverage from Insurers under the Policy
for the alleged damage caused by Hurricane Irma;
WHEREAS, a dispute arose between the Parties concerning the availability of coverage
under the Policy to remove debris caused by Hurricane Irma and for median landscape
replacement;
WHEREAS, the County filed a lawsuit to resolve the dispute concerning the availability
of coverage under the Policy to remove debris from the County's property caused by Hurricane
Irma, which is styled as the following: Board of County Commissioners of Collier County, Florida
v. Certain Underwriters at Lloyd's of London, et al.; Collier County Case No. 18-CA-2727 (the
"Litigation");
WHEREAS, the Parties have resolved their differences and desire to reduce their
settlement understanding to a writing so that it shall be binding upon each of them, as well as
their respective owners, principals, officers, employees, ex-employees, agents, representatives,
insurers, successors, assigns, grantees and affiliates.
NOW THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all Parties),
the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated by
reference.
2. Effective Date. The "Effective Date" of this Agreement is the date this
Agreement is signed by the last of the Parties.
3. Denial of Liability. No Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement.
iK6
4. Payment by Insurers. Insurers shall pay to the County the total sum of Two
Million Four Hundred Twenty Five Thousand and 00/100 ($2,425,000.00) within twenty (20)
days of the Effective Date. Payment may be made by check or wire, with wire instructions to be
provided by Counsel for the County upon request. The Parties acknowledge that $884,459.35
of the payment is specifically as payment for median landscape replacement, and $200,000 is
specifically as payment for attorneys' fees and costs;
5. Dismissal of Litigation. Within five (5) days of receipt of payment made
pursuant to Paragraph 4 of this Agreement, the County shall file with the Court a Notice of
Dismissal with Prejudice of all pending claims against Insurers in the Litigation. Each of the
Parties shall bear its own attorneys' fees and costs in connection with the Litigation, except as
otherwise provided in this Agreement.
6. Release and Discharge. Except for the obligations set forth herein, each Party
hereby releases, acquits, satisfies, and forever discharges every other Party (including any and
all employees, officers, directors, successors, assigns, legal representatives, insurers, attorneys
and agents of the released Party) of and from any and all, and all manner of action and actions,
cause and causes of action, suits, 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 each Party had, now has, or which any employees, officers, directors, successors,
assigns, legal representatives, insurers, attorneys or agents of the releasing Party, hereinafter
can, shall or may have arising out of, or relating to the Litigation from the beginning of the world
to the day of this Agreement, including, but not limited to, any and all claims for bad faith
damages, extracontractual damages, fraud, punitive damages, class action damages, and/or
attorney's fees. For the avoidance of doubt, this Release expressly does not apply to any
pending or future claims with Insurers as a result of Hurricane Irma or otherwise, except
those which were the subject of the Litigation.
7. Representations. The County hereby represents it will pay any and all third-
parties that may be entitled to any portion of the settlement proceeds directly, including, but in
no way limited to, its public adjuster, all attorneys and law firms, consultants, and experts, and
the Federal Emergency Management Department and Florida Department of Emergency
Management.
The Parties acknowledge that the settlement amount to be paid in accordance with this
Agreement is in compromise of disputed coverage demands and is not an admission by
Insurers: as to the scope or availability of coverage under the Policy; that any obligations exist
under the Policy and/or otherwise; or as to the applicability or non-applicability of any term,
condition, limitation, deductible, exclusion or any other provision in the Policy.
The Parties further acknowledge that the settlement amount does not reflect a course of
dealing; does not reflect a course of performance; does not reflect any position by any of the
Parties; and cannot be used in any manner whatsoever to affect the availability, non-availability,
or amount of coverage in any other or future claim(s) for coverage by the County against
Insurers, all whether under the Policy and/or under any previous version(s) of the Policy and/or
under any future renewal(s) of the Policy and/or under any other insurance policy(ies) issued by
Insurers.
8. Authority to Enter into Agreement. Each Party represents and warrants, with
respect to itself, that the execution and delivery of this Agreement has been authorized by all
2
I K
necessary actions of each Party, and that this Agreement constitutes the legal, valid, and
binding agreement of each Party, enforceable in accordance with its terms.
9. Enforcement of the Settlement Agreement. This Agreement is subject to
enforcement under Rule 1.700, et seq. of the Florida Rules of Civil Procedure. The Agreement
is the joint product of the Parties, and shall not be construed against any Party as the drafter.
10. Governing Law and Venue. This Agreement and all other documents executed
in connection with this Agreement are governed by and shall be interpreted under Florida law.
The sole and exclusive venue for any litigation among the Parties that may arise out of, or is
related to this Agreement, or any documents executed in connection with this Agreement shall
be a court of competent jurisdiction in and for Collier County, Florida.
11. Enforceability. In the event that any provision of this Agreement is found to be
void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or
in part, shall continue to be enforceable to the greatest extent allowed by law and to the same
extent as if the void or unenforceable provision were omitted from the Agreement.
12. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Agreement and to execute or prepare any other documentation
necessary to effectuate the terms of this Agreement.
13. Entire Settlement Agreement. This Agreement contains the entire agreement
between the Parties, and all prior or contemporaneous negotiations or representations are
merged into this Agreement.
14. Paragraph Headings. Captions and paragraph headings in this Agreement are
for convenience and reference only and do not define, describe, extend or limit the scope or
intent of this Agreement or any provision herein.
15. Attorney's Fees for Breach of Agreement. In the event any Party breaches
this Agreement, the party having to enforce this Agreement shall be entitled to recover its
attorney's fees and costs, through litigation and any and all appeals.
16. Counterparts and Facsimile Signatures. This Agreement may be executed in
counterparts with each copy being deemed an original. A facsimile signature on this Agreement
will be deemed to be equivalent to an original signature.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date indicated
herein.
Signed, sealed and delivered in the presence of:
obo CERTAIN UNDERWRITERS AT LLOYD'S OF
LONDON
06/November/2020 ��
Date By•
Print Name: Mark Crowest
Its: Claims Manager at Beazley Group
3
l6K6
LANDMARK AMER CAN I URANCE COMPANY
By: t
11/5/2020 Date
Print Name: _Daniel Mack
Its: AVP
WESTCHESTER SURPLUS LINES INSURANCE
COMPANY
By:
Date
Print Name:
Its:
ARCH SPECIALTY INSURANCE COMPANY
By:
Date Print Name:
Its:
AS TO COUNTY:
ATTEST: BOARD F COUNTY COMMISSIONERS OF
CRYSTAL K..KINZEL, Clerk COLLIE OUNT , LO
By: t___ _ _.-t=L By:
Dater- - . O� 1 Print Name:�t�.rt L ¶ u rd' C J
Appr. :' �,f�... an ty Its: C.I-vkki'\11G1"1
y.
III ii.1 A
Jeffrey K a •k.4 , .
County Ati•rn'•
Item#
AgendaDate ,^G7► ....a.0
Reed al
uee tes
4
cputyy 'leek
16K6
LANDMARK AMERICAN INSURANCE COMPANY
By:
Date Print Name:
Its:
WESTCHESTER SURPLUS LINES INSURANCE
COMPANY
t t - 9 - 2 v 2d By: 96, L-r 11?_
Date
Print Name: Tc+-e.S L . Se..
Its: \J :c c.- Pry: �e•—a'
ARCH SPECIALTY INSURANCE COMPANY
By:
Date Print Name:
Its:
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, Clerk COLLIE OUNTY, FLORI
Date: da Print Name: l,►�c{ Uln(.iAt"
t rjo hairman
App t,AltqW orra..opd legality Its: C hayc0.-Act1
H-rici,,91,1 re
11111111 ,
Jeffrey*lat I•ow, Esq.
County tto 0-y
4
LANDMARK AMERICAN INSURANCE COMPANY
By:
Date Print Name:
Its:
WESTCHESTER SURPLUS LINES INSURANCE
COMPANY
By:
Date
Print Name:
Its:
ARCH SPECIALTY INSURANCE� /� COMPANY
By: (�f/G%C,A
11/10/2020 Edwaed WaJsA
Date Print Name:
Its:
AS TO COUNTY"
ATTEST: • BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, Clerk COLLIE OUNTY, FLO
By: �.`= `�_✓���% C By:
III Date: •,o[:�e - Print Name: vd
o Chairman
A pr. • -. • orm and IlfgaIity Its: C cc c n-)C\\)
1lr1
Jeffrey iatzkaw, Esq.
County torn:•y
4