Backup Documents 05/11/2021 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K I
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 routingzlines#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. PciSk Management
3. County Attorney Office County Attorney Office CK 5-11-21
4. BCC Office Board of County PT by JH/s/ 5-11-21
Commissioners
5. Minutes and Records Clerk of Court's Office 5-11tri wear)
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 Rosa Villareal/CAO Phone 239-252-8400
Contact/ Department
Agenda Date Item was May 11,2021 Agenda Item Number 16K1
Approved by the BCC
Type of Document Settlement Agreement in the lawsuit styled Number of Original 1
Attached Margaret Heller v.Collier County Board of Documents Attached
Commissioners,(Case No.20-CA-3608),now
pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County,
Florida,for the sum of$22,500
PO number or account
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 RV
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 RV
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 RV
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 ofyour deadlines!
8. The document was approved by the BCC on May 11th,2021 and all changes made RV
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 ,�A
BCC,all changes directed by the BCC have been made,and the document is ready fort e
Chairman's signature.
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
16Ki
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, May 11, 2021 12:01 PM
To: VillarrealRosa
Subject: Item #16K1 5-11-21 BCC Meeting (Settlement Agreement)
Attachments: Backup Documents 05_11_2021 Item #16K1.pdf
Good Afternoovt Rosa,
Ala executed copy of Agevtda Item #16K1 from the
May 11, 202.1 13CC Meeting is attached for your records.
Thank you.
Ann Jennejohn
I3MR Senior Deputy Clerk II
tt•.trceK:q, Clerk to the Value Adjustment Board
4.• % Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
; Avtn.Jevwtejohn@CollierClerk.com
e Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.com
1
16K
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this I 1411‘ day of fibij , 2021, by and between
MARGARET HELLER, 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 Margaret Heller
v. Collier County Board of Commissioners, Case No. 20-CA-3608 (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, accrued or unaccrued, 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.
[20-CA-3608/1623753/1] 1
I6Ii
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 twenty-two thousand five hundred dollars and 0/100 ($22,500.00)
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
herself. her 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 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, accrued or
unaccrued, known or unknown, 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.
[20-CA-3608/1623753/1] 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 have 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.
1 1. 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.
[20-CA-3608/1623753/1] 3
I OK
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
Margaret F4eller, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization, this 32day of F \ , 2021, by Margaret Heller.
��//�/Et (Si re-Of ot• .� ic- ate of Florida
•
'W., EXPIRES::' .6125,2022 I(Th •
°`•? Bonded 1; ,l..• •,taw Urger vrb
(Print, Type, or Stamp missioners
Name of Notary Public)
I.
t"""i ELLEN J.SPECTOR
Personally Known OR Produced Identification .••' "
MY COMMISSION#GG 171947
-'tip P`• EXPIRES:April 25,2022
Type of Identification Produced: ' ,,,,``Op Bonded Thru Notary Public Underwriters
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD 0 COUNTY COMMISSIONERS
OF COL IE UNTY, FLO A
By: ()LIAM, By:
•
Meet C g envy Tayl , Chairperson
ute only.
C
Date: 1• Date:
Approved as to form and legality
Item* 14. 1"7.
o leen A. Kerins Date
Assistant County Attorney Cate G_11-t1
[20-CA-3608/1623753/l) 4 Rec'd