Backup Documents 12/08/2020 Item #16K 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO K 7
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 CAO at the time the item is
placed on the agenda. All completed routing slips and original documents must be received by CAO no later than Monday preceding the BCC 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 Chair's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the CAO.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office (CAO) CAO C rn r`
4. Board of County Commissioners (BCC) BCC rJ",�C',
/S !a
5. Minutes and Records Clerk of Court's Office P`tq/arc�,�
PRIMARY CONTACT INFORMATION *0 ,
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,Esq /c410 Phone Number 252-8400
Contact/ Department
Agenda Date Item was 12/8/20 Agenda Item Number 16K7
Approved by the BCC
Type of Document Settlement Agreement Number of Original 1
Attached Documents Attached
PO number or account (Only when the document is to be recorded
number if document is in the Public Records)
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 chair's original signature? 4
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
signed by Chair,with exception of most letters,must be reviewed and signed by CAO.)
4. All handwritten strike-through and revisions have been initialed by the CAO and all other N/A
parties except the BCC Chair and the Clerk to the Board
5. The Chair's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. Ckk
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chair's C
1144
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the CAO 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 $' and all changes made Mr^
during the meeting have been incorporated in the attached document. The CAO has �..1��V
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 for th 7 4
Chair's signature.
iPtc6e. & CON, ) tom V 110-f ,
[20-CMP-01081/1580362/1]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
16K7
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, December 8, 2020 10:49 AM
To: VillarrealRosa
Subject: Item #16K7 12-8-20 BCC Meeting (Colaric Settlement Agreement)
Attachments: Item #16K7 12_8_20 BCC Meeting (Colaric Settlement Agreement).pdf
Good Morning Rosa,
An executed copy of Item #161(7, from the
Board's December s, 2020 Meeting, is attached
for your records.
Thankyou.
Ann JenneJotin
I3MR Senior Deputy Clerk
i 0.1IYk:J1j. Clerk to the Value Adjustment Board
4r.
�,�'� •�,+ Office: 239-252-8406
Fax: 239-2s2-8408 (if applicable)
5
Anvt.Jennejohn@Coll ierCl erk.com
fr
Office of the Clerk of the Circuit Court
"`` t11"...c.0 & Comptroller of Collier County
3299 Tamiami Trait, Suite #401
Naples, FL 34112-5324
www.Coll ierCl erk.com
i
K �'
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this day of I .'41'V.11(/UY___, 2020, by and between NICK
COLARIC, hereinafter referred to as 'Plaintiff', and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,hereinafter referred to as"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, in the case styled Nick Caloric v.
Collier County Board of Commissioners, Case No. 19-CA-4253 (hereinafter referred to as the
"Lawsuit"); and
WHEREAS, Plaintiff 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 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, successors, assigns, heirs,
departments, agencies 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 and
County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as"Whereas Clauses",by reference into this Agreement.
[19-CA-4253/15822 16/1] 1
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16K7
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 Nine Thousand Dollars and 0/100 ($9,000,00) 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 the County, as well as its owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, contractors, representatives,
successors,assigns, insurers, heirs,departments, agencies and 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 he 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 in the complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiff 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.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
and affiliates.
[19-CA-4253/1582216/1] 2
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6. Plaintiff 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 or the County.
7. Plaintiff 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 and the County
agree that all underlying causes of action or claims of Plaintiff has been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of the terms and conditions of this Agreement. In this regard, Plaintiff 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.
11. Plaintiff agrees to use the proceeds of the settlement funds for the payment and,
satisfaction of all liens, medical bills, attorney fees, and all other expenses, costs, debts,or losses
whatsoever, arising out of or in any way connected to the incident described in the Lawsuit,
which Plaintiff brought or could have brought in the subject Lawsuit. Plaintiff agrees to be
solely responsible for complete payment of these obligations out of the settlement proceeds.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
By:
[19-CA-4253/1582216/1 a 3
I
Nick Colaric,Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to or affirmed) and subscribed before me this 23 day of Vuevr , 2020, by
C [ct who is ( ) personally known to me or ( ) produced
1n\ho,y 1 G4-?F-,a as identification.
(Signature of No ublic-state of Florida)
:tyre" Y1C7ORIAZULUAGA
VQ
Nutdry Puplic State of Florio}a 1 6-7/114a
11 1p�:� Commission e�GG 359787 (print,Type,or Stamp
'?td' My Comm.Espir Jul 28,2023 II
• Commissioned Name of Notary Public)
Commission Expires 3 w4ty .27 023
AS TO COUNTY:
ATTEST:
CRYSTAL IC KINZEL,Clerk BOARD OF COUNTY COMMISSIONERS
0. o OF COLLIER COUNTY,FLORIDA
By. By. _
Irma Burt L. Saunders, Chairman
Date:
1j- Date: .0-'`6'
Approved as to form and legality
Been M. Crreene
Assistant County Attorney
Item# I(4K1
PlondA
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