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Backup Documents 09/26/2023 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6K 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 ,n9 p q 28'22 4. BCC Office Board of County ►J T r Commissioners 61,4N cil Z 7(i j 5. Minutes and Records Clerk of Court's Office g 9/ ;ifoiN 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 9-26-23 Agenda Item Number 16K3 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 9-26-23 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 0 1 a $- Office has 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 the 0 +»0 4 Chairman's signature. *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 1 6K 3 SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this 24#4 day of 2023, by and between John Carroll and Kaci R. Carroll 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 Defendants 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, John Carroll and Kaci R. Carroll acknowledge the property damage resulting from the June 15, 2021, incident totaled $3,776.52. NOW, THEREFORE, in consideration thereof John Carroll and Kaci R. Carroll 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 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 1 6K 3 2. John Carroll and Kaci R. Carroll agrees to pay the balance of the total damages of $3,776.52 in form of monthly payments of at least $62.94 per month commencing on the fifteenth (15th) of September and continuing each month thereafter on the fifteenth (15th) for 60 months or until paid in full, whichever occurs first. If fifteenth (15th) 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 1108940 and date of loss June 15, 2021 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. John Carroll and Kaci R. Carroll further agree, that should they fail 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 of an alleged breach of this Agreement, Plaintiff and Defendants 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, John Carroll and Kaci R. Carroll 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 Defendants 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. 5. All Notices to be given to John Carroll and Kaci R. Carroll shall be made via U.S. Mail to the last known address provided to the County in writing. [23-SC-1795/1810728/1] 2 1 6 K 3 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. John Carroll and Kaci R. Carroll agree that they had the opportunity to review this agreement with an attorney of their 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) [23-SC-1795/1810728/1] 3 16K3 John Carroll Address:9 if tlic 3 ��� S• /1WA/ F� 1a-e STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged and executed before me by means of ,/ physical presence or online notarization, this 9,94I'day of Le-t 2023, by John Carroll. who is personally known or has produced 5=�.�L C lea yb? 6'k OOgO as identification. Notary Signature (2`,14 . c•c'rrkk tMY. Print Name 0 .14`.; ROSA E.VILLARREAL * 6 * Commission 1HH339158 Commissioner Expires: ) Z1/0-i CeiLLGa Kaci R. Carroll Address: (D,I it Ri c.,KeL,0 C,re.0ey..S; ck. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged and executed before me by means of physical presence or online notarization, this e),q'''`day of ,,,St' 2023, by Kaci R. d `L Carroll. who is personally known or has produce 'j L C6405U,03'1410 as identification. N e ry Signature k \ OiA C _ V �• It �r�rtil Print Name erP% ROSAE.VILLARREAL Commissioner Expires: *40* Commission 9 HH 339158 44,. _A` Expires Apd16.wor 2027 [23-SC-1795/1810728/1] 4 CI 16K 3 AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYST 9 . 4' ,4 Z , CLERK COLLIER COUNTY FLORIDA B L./.iti, By: a deputy 'lerk Rick LoCastro, Chairman ee""---' �� Attest a to Chairman's Date: 3 . _ signature Date: SEPT, 24 12 0 2 3 , jonly Ap o ed as to form and legality: }tta-'° .. Derek D. Perry Assistant County Attorney `� N\ [23-SC-1795/1810728/1] 5 0