Backup Documents 07/11/2023 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO6 It
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.
** 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 routing 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.
3. County Attorney Office County Attorney Office CAK 7/11/23
4. BCC Office Board of County
Commissioners 1,1 Li/179(4 7/11/2 3
5. Minutes and Records Clerk of Court's Office �
,pry IIQ123
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 Villarreal,Legal Assistant Phone Number 252-8821
Contact/Department Office of the County Attorney
Agenda Date Item was 07/11/23 Agenda Item Number 16-K-3
Approved by the BCC
Type of Document(s) Settlement agreement-Rachel Jimenez Number of Original 1
Attached Lopez Documents Attached
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)
I. Does the document require the chairman's original signature(instead of stamp)? No 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 legality. (All documents to be signed by CAK
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 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 CAK
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 CAK
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 uploaded to the
agenda. 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 7/11/23 and all changes made during the CAK N/A is not
meeting have been incorporated in the attached document. The County Attorney an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the CAK N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 19th day of June 2023, by and
between Rachel Jimenez Lopez and Collier County, a Subdivision of the State of Florida
(hereinafter "Collier County").
RECITALS
WHEREAS, Plaintiff and the Defendant, 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 Defendant desire to reduce the settlement to 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.
WHEREAS, Rachel Jimenez Lopez acknowledges the property damage resulting from
the September 27, 2020, incident totaled $7,956.38, and Plaintiffs costs totaled $371.40 for a
total sum of$8,327.78.
NOW, THEREFORE, in consideration thereof, Rachel Jimenez Lopez and Collier
County agree as follows:
1. 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 eight thousand three hundred and twenty-seven dollars and seventy-
ibi( 3
eight cents ($8,327.78) and other valuable consideration, Plaintiff agrees to dismiss the Lawsuit
with Prejudice.
2. Rachel Jimenez Lopez agrees to pay the balance of the total damages of
$8,327.78 in form of monthly payments of at least $138.80 per month commencing on the first
of the month immediately following the execution of this Agreement and continuing each month
thereafter on the first of that month for 60 months or until paid in full, whichever occurs first. If
first of the month falls on a weekend or holiday, then the payment shall be made on the
following business day.
3. Payments will be made by certified check or money order including the claim
number 5010022010699 and date of loss October 2, 2020 on the memo line, made payable to
"Collier County Board of County Commissioners" and mailed or hand delivered to the Collier
County Risk Management Department, Attn.: Greily Gonzalez, Manager, Risk Finance, 3311
Tamiami Trail, East, Building D, Naples, Florida 34112.
4. Rachel Jimenez Lopez further agrees, that should she fail to make the required
minimum monthly payment, she will have five (5) calendar days to cure such a default and make
the payment or Rachel Jimenez Lopez will be in material breach of this Agreement. In the event
of an alleged breach of this Agreement, Plaintiff and the Defendant 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 such a case, Rachel Jimenez Lopez will be liable for all costs of
filing any legal action and reasonable attorney's fees incurred by the County to enforce this
Agreement. In this regard, Plaintiff and the Defendant further agree that the sole venue for any
[23-SC-1174/1797151/1] 2
such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
5. All Notices to be given to Rachel Jimenez Lopez shall be made via U.S. Mail to
the last known address provided to the County in writing.
6. This Agreement shall be governed by the laws of the State of Florida and shall be
deemed to be made and performed in Collier County, Florida.
7. This Agreement shall remain in full force and effect unless and until terminated
by Collier County.
8. Rachel Jimenez Lopez agrees that she had the opportunity to review this
agreement with an attorney of her choosing or has knowingly and willingly waived that right.
IN WITNESS WHEREOF the parties have signed this Agreement as set forth below.
i'
R. ?menez Lopez
Address: 10261 Emperor Lane
Naples, FL 34114
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged and executed before me by means of ✓
physical presence or online notarization, this ‘ck 44*day of a,,{ 2023, by
`.t\ :„,,,„,..LLow L who is personally known or has produced
� L.'. s 55'1211.0-q5--`I53-U as identification.
a( C v 4-ftY
o Yru¢ Notary Signature VI
�� �
��
e.:.....%, ROSA E.VILLARREAL LAG Q,`U-rrt
Aw,' Print Name
* * Commission i NH 33915$ov�A°,�ceSAp►�9.2027 Commissioner Expires:
[23-SC-1174/1797151/1] 3
16K3
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By;., ,Tau-d--W A • By: < T2- --1; )
t Rick LoCastro, Chairperson
Date: Date: 7////Z3
Apf vedda diziW3 and legality
olleen A. Kerins
Assistant County Attorney
[23-SC-1174/1797151/1] 4