Backup Documents 09/12/2023 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 4
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 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 0 O e I z�iz
4. BCC Office Board of County
Commissioners Rt.Lyfj(sl 9/13/23
5. Minutes and Records Clerk of Court's Office t
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 Kathy Crotteau/County Attorney's Office* Phone Number 252-8400
Contact/ Department
Agenda Date Item was 9-12-23 Agenda Item Number 16K4
Approved by the BCC
Type of Document Settlement Agreement Number of Original 1
Attached 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)
1. Does the document require the chairman's original signature?
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 DDP
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 DDP
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 DDP
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 9-12-23 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's n e• i
Office has reviewed the changes, if applicable. `�
9. Initials of attorney verifying that the attached document is the version approved by the Q e
BCC,all changes directed by the BCC have been made,and the document is ready for the ` + i r +fi'
Chairman's signature. im
41
*Please email a copy to Kathynell.Crotteau@colliercountyfl.gov
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
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 12thday of Sept, 2023, by
and between Roy Garcia 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, Roy Garcia acknowledges the property damage resulting from the October
20, 2021, incident totaled $5,743.11, and Plaintiffs costs totaled $371.40 for a total sum of
$6,114.51.
NOW, THEREFORE, in consideration thereof, Roy Garcia 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 six thousand one hundred fourteen dollars and fifty-one cents
CAO
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($6,114.51.) and other valuable consideration, Plaintiff agree to dismiss the Lawsuit with
Prejudice.
2. Roy Garcia agrees to pay the balance of the total damages of$6,114.51 in form of
monthly payments of at least $101.90 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 5010192112266 and date of loss October 19, 2021 on the memo line, made payable to
Collier County Board of County Commissioners and sent to the Collier County Risk
Management Department, Attn.: Greily Gonzalez, Manager, Risk Finance, 3311 Tamiami Trail,
East, Building D,Naples, Florida 34112.
4. Roy Garcia further agrees, that should he fail to make the required minimum
monthly payment he will have five (5) calendar days to cure such a default and make the
payment or Roy Garcia 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, Roy Garcia 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 such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida.
[23-SC-1 135/1797152/1] 2
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5. All Notices to be given to Roy Garcia 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. Roy Garcia agrees that he had the opportunity to review this agreement with an
attorney of his choosing or has knowingly and willingly waived that right.
IN WI ESS WHEREOF the parties have signed this Agreement as set forth below.
Roy Garcia
Address: ZZ 6Z 3 ?IKi L_N
b W' hh Sf'f- NCnS C.L, 3L135
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged and executed before me by means of V
physical presence or online notarization, this $4~ day of C`,,,,,4,,. 2023, by Roy
Garcia. who is personally known or has produced?-L, L G.- 6a0-'1 94 2 -U as
identification.
Notary Signatarev
. 1"1::::",0 ROSA E.VILLARREAL C'SR . \ c`'r t"-Z /I
* * Commission it HH 339158 Print Name
+iof,,e Expires April6.202T Commissioner Expires:
[23-SC-1 135/1797152/1] 3
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AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KtN7., `L CLERK COLLIER CO FLORIDA
By:,
By: 1
Deputy CIerk Rick LoCastro, Chairman
Date: CI �3 �2�z > Date: .S °t It) 202.3
.a., e a�C� �'s
a
Approved as to form and legality:
a
Dere D. Perry
Assistant County Attorney
a\\^
[23-SC-1135/1797152/1] 4 •