Agenda 09/26/2023 Item #16K 3 (Approve settlement agreement BCC vs. John Carroll)09/26/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a settlement agreement in the lawsuit
styled Collier County Board of County Commissioners v. John Carroll and Kaci Renee Carroll, Case No. 23-
SC-1795, now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $3,776.52 in full satisfaction of the County’s costs.
OBJECTIVE: Recommendation to approve the settlement agreement for the lawsuit filed by the Board of County
Commissioners (“Board”) against John Carroll and Kaci Renee Carroll.
CONSIDERATIONS: On July 11, 2023, Agenda Item No. 16.K.1, the Board authorized the County Attorney to
file a lawsuit to recover damages and litigation costs from an accident that occur red June 15, 2021, where Kaci
Renee Carroll was driving a vehicle owned by John Carroll westbound on Immokalee Road, lost control of the
vehicle, and damaged landscaping owned and maintained by the County.
The County incurred damages in the amount of $3,345.72 for the replacement of a live oak tree, sabal palm tree,
muhly grass, and liriope plants.
At court-ordered mediation, John Carroll and Kaci Renee Carroll agreed to settle the lawsuit for the full value of
the property damage and the County’s litigation costs. The County incurred damages in the amount of $3,345.72
and litigation costs of $430.80, for a total sum of $3,776.52.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement
agreement, as the County will be reimbursed for the full value of the damage plus litigation costs.
FISCAL IMPACT: Execution of the agreement will result in a payment to the County of $3,776.52 for damages
and litigation costs. Payment will be received by the Risk Management Division and deposited into Fund 5016
Property & Casualty.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This settlement agreement and release has been reviewed by the Office of the
County Attorney, is approved as to form and legality, and requires majority vote for approval. -DDP
RECOMMENDATION: To approve and authorize the Chairman to execute a settlement agreement in the lawsuit
styled Collier County Board of County Commissioners v. John Carroll and Kaci Renee Carroll, Case No. 23-SC-
1795, now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the
sum of $3,776.52.
Prepared By: Derek D. Perry, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Settlement Agreement - Carroll (PDF)
2. Carroll - Complaint (PDF)
3. Carroll - Summons and Return of Service (PDF)
16.K.3
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09/26/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 26570
Item Summary: Recommendation to approve and authorize the Chairman to execute a settlement agreement in
the lawsuit styled Collier County Board of County Commissioners v. John Carroll and Kaci Renee Carroll, Case
No. 23-SC-1795, now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $3,776.52.
Meeting Date: 09/26/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
09/11/2023 11:48 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/11/2023 11:48 AM
Approved By:
Review:
Risk Management Michael Quigley Additional Reviewer Completed 09/11/2023 1:17 PM
County Attorney's Office Derek D. Perry Additional Reviewer Completed 09/12/2023 9:54 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 09/13/2023 9:21 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/13/2023 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2023 10:20 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 09/14/2023 2:09 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/15/2023 1:00 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
16.K.3
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SETTLEMENT ACREEMENT
THIS AGREEMENT is made and entered into this dav of 2023, by
and belween John Carroll and Kaci R. Carroll and Collier County. a Subdivision of the State of
Florida (hereinaft er "Collier County").
RECITALS
WHEREAS, Plaintiff and the Defendant, without either parly admitting any liability or
fault, desires to settle the Lawsuit and any and all disputes that arise tlom, relate or refer in any
way, whether directly or indirectll', known or unknou'n, accrued or unaccrued. to the incidents
described or allegations made in the complaint filed in the Lawsuit; and,
WHEREAS, Plaintilf and the Defendants desire to reduce the setllement to writing so
that it shall be binding upon both parties' respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attomeys, representatives, insurers. successors!
assigns, heirs, departments, agencies and affiliates.
WHEREAS, John Canoll and Kaci R. Carroll acknowledge the prope(y damage
resulting from the June 15. 2021, incident totaled $3.776.52.
NOW, THEREFORE. in consideration thereol John Carroll and Kaci R- Canoll and
Collier County agree as follo*'s:
1. ln consideration of the resolution of all disputes or claims arising from or
refening or relating in any way, whether directly or indirectly. to the l-awsuit, and for and in
consideration of the sum of three thousand seven hundred and seventy-six dollars and fifty-two
cents ($3,776.52) and other valuable consideration. Plaintiff agrees to dismiss the Lawsuit with
Prejudice.
CAO
16.K.3.a
Packet Pg. 2294 Attachment: Settlement Agreement - Carroll (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
2, John Canoll and Kaci R. Carroll agrees 10 pay the balance of the total damages of
53,776.52 in form of monthly payments of at least $62.94 per month commencing on the
fifteenth (l5th) ol September and continuing each month thereafter on the fifteenth (l5t\ for 60
months or until paid in full. whichever occurs first. If fifteenth (15'h) of the month falls on a
weekend or holiday, then the payment shall be made on the following business day.
3. Payments will be rnade b1' ccrtified check or money ordcr including thc claim
number I l0tl910 and datc of loss June 15 2021 on thc mcmo linc madc payable to "Collier
County Board of County Commissioners" and mailed or hand-delivered to the Collier County
Risk Management Department, Attn.: Greily Gon:zalez, Manager, Risk Finance, 331 I Tamiami
I'rail, East, Building D, Naples, Florida 34112.
4. John Carroll and Kaci R. Canoll further agree, that should they tail to make the
required minimum monthly payment they will have five (5) calendar days to cure such a default
and make the payment or John Carroll and Kaci R. Carroll will be in material breach of this
Agreement. In the event ot an alleged breach of this Agreement, Plaintiff and Defendants agree
that all underlying causes of action or claims ol Plaintiff have been extinguished by this
Agreement and that the sole rcmedy for breach of this Agreement shall be for specific
performance of the terms and conditions of this A$eement. In such a case, John Canoll and
Kaci R. Carroll will be liable lor all costs of filing any legal action and reasonable attomey's fees
incuned by the County to enforce this Agreement. In this regard, Plaintiff and the Defendants
fufiher agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in
and for Collier County, Florida in Naples, F-lorida.
5. All Notices to be given to John Caroll and Kaci R. Carroll shall be made via U.S.
Mail to the last known address provided to the County in writing.
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alo
16.K.3.a
Packet Pg. 2295 Attachment: Settlement Agreement - Carroll (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
6. This Agreement shall be govemed by the laws ofthe 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. John Carroll and Kaci R. Carroll agree that they had the opportunity to review this
agreement with an attorney oftheir choosing or has knowingly and willingly waived that right.
IN WITNESS WHEREOF the parties have signed this Agreement as set forth below.
(Signatures on next Page)
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16.K.3.a
Packet Pg. 2296 Attachment: Settlement Agreement - Carroll (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
.lohn Carroll O..kO"/r
A
SI',,\'I'E OF FI-ORIDA
CO[,iN'fY OII COLLIEII.
physical pres
Carroll. who
identilication
The forcgoing Agreement rvas acknowledg ed and executed befbre me b y means ol v/
ence or online notarization. this }lfaay or 20
is pcrsonally knorvn ot has ploduced trLOLC (\r{b?, 6100
(4
ary Signa turc
21. bv John
C0' as
p'Il'lft
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Print Name
Commissioner Expires:
)Mi w).tl
Kaci R, Carroll
Addrcssr
STA'I'L OF FI.ORIDA
COt.iN lY OF COLLIITR
\
The forcgoing Agreement was acknowledged and executcd belore me by means of r./
ph1'sical presence or _ online notarization. this a4*day of 2023" by Kaci
Carroll. rvho is personally known or has produc
identification.
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Print Name
Commissioner Expires:
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Address:
ROSAE. VTURREIL
coffilrb I Btl S3ollE
Elch|^p.l C, 202,
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16.K.3.a
Packet Pg. 2297 Attachment: Settlement Agreement - Carroll (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
AS'I'O COTIN'I'Y:
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Date
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COL]NTY, F'LORIDA
Rick LoCastro, Chairman
Date:
By
o[23-SC-l795il 810728/l ])
16.K.3.a
Packet Pg. 2298 Attachment: Settlement Agreement - Carroll (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
16.K.3.b
Packet Pg. 2299 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
16.K.3.b
Packet Pg. 2300 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
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Packet Pg. 2301 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
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Packet Pg. 2302 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
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Packet Pg. 2303 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
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Packet Pg. 2304 Attachment: Carroll - Complaint (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-SC-1795)
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Packet Pg. 2305 Attachment: Carroll - Summons and Return of Service (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-
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Packet Pg. 2306 Attachment: Carroll - Summons and Return of Service (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-
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Packet Pg. 2307 Attachment: Carroll - Summons and Return of Service (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-
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Packet Pg. 2308 Attachment: Carroll - Summons and Return of Service (26570 : Approval of settlement agreement in BCC v. John & Kaci Carroll Case No. 23-