Backup Documents 10/24/2023 Item #16K 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 5
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.
** 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 RTT 10/11/23
4. BCC Office Board of County
Commissioners glAygj,( 16/2(1/S
5. Minutes and Records Clerk of Court's Office 9014t—
kfr6704,1')
PR
IMARY 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 10/24/23 Agenda Item Number 16-K-5
Approved by the BCC
Type of Document(s) Settlement agreement-Martin Nestares 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(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 RTT
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 RTT
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 RTT
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 10/24/23 and all changes made during RTT N/A is not
the 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 RTT 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.
Please send a copy of this agreement
to Rosa.Villarreal(&colliercountyfl.gov
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
6K 5
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 241k day of OCM)beT , 2023 by and between MARTIN
NESTARES as Parent and Legal Guardian of FRANCISCO NESTARES, a minor, hereinafter
referred to as "Plaintiff," and COLLIER COUNTY, FLORIDA, hereinafter referred to as
"Defendant."
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 Martin Nestares
as Parent and Leal Guardian of Francisco Nestares, a minor v. Collier County, Florida and EBL
Partners, LLC Case No. 22-CA-973 (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiffs and the Defendants, 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, Plaintiffs 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.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiffs and
County agree as follows:
1. Plaintiffs and the Defendants adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses," by reference into this Agreement
2. The Plaintiff, Martin Nestares stipulates he is the natural guardian of the named minor
and has no potential adverse interest to the minor. This agreement will be final upon the Court
approval pursuant to Fla. Stat. 744.387.
3. 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 one twenty-five thousand dollars and no cents ($25,000.00) and other valuable
[22-CA-973/1757979/1] 1
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consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agree to dismiss the Lawsuit with Prejudice.
4. 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
himself and the minor child, their attorney, agents, representatives, heirs, successors and assigns,
hereby expressly releases and forever discharges the Defendant, as well as its owners,principals,
elected officials,officers,employees,ex-employees,agents,attorneys,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 he 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.
5. Notwithstanding anything that may be to the contrary in Paragraph 4 of this Agreement,
Plaintiff and the Defendant 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.
6. Plaintiffs and the Defendants 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.
7. Plaintiffs and the Defendants 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 Defendants.
8. Plaintiff and the Defendant 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
9. This Agreement may be amended only by a written instrument specifically referring to this
Agreement and executed with the same formalities as this Agreement.
10. In the event of an alleged breach of this Agreement, Plaintiffs and the Defendants agree
that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement
[22-CA-973/1757979/1] 2
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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 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.
11. 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. The Plaintiff agrees to be solely responsible
for complete payment all other obligations out of the settlement proceeds, including any future
medical bills.
12. The Plaintiff hereby agrees to indemnify and hold harmless the Defendant from any and
all claims and/or liens and/or subrogated interests. including but not limited to worker's
compensation liens,health insurance liens,Medicaid/Medicare liens,Social Security and any and
all attorney's liens and charging liens herein.
As a condition of and to induce settlement,the Defendant(s)and(their/its)insurer(s)have
requested and Plaintiffs and their counsel have agreed to determine if Medicare(hereinafter CMS
and includes Part C Medicare Advantage Organizations (a/k/a MAO) and/or Medicaid [all
collectively referred to as CMS] has any past or future lien interest,and if so,to take all necessary
steps to satisfy such liens,past and future. The settlement is based upon a good faith determination
of the parties in order to resolve a questionable claim. The parties have attempted to resolve this
matter in compliance with both state and federal law and it is believed that the settlement terms
adequately consider Medicare's interests and do not reflect any attempt to shift the responsibility
of treatment to Medicare. The purpose of this settlement is to resolve a disputed claim.
13. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiff and the Defendant have signed and sealed this
Agreement and Release as set forth below.
By:
MARTIN NESTARES,individually and on
behalf of minor, FRANCISCO NESTARES
STATE OF FLORIDA
[22-CA-973/1757979/1] 3
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COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of Vhysical presence
or—online notarization,this t5`~day of ,4 41.1 t ,2023,by Martin Nestares.
(- -1-Y)7
�'"" •: ADAM BLEGGI (Signature of otary Public-State of Florida
=• •= MY COMMISSION N HH 414122 A l is t E4
-..„, o4 EXPIRES:July 26,2027 Nl L�
— (Print,Type,or Stamp Commissioners
/ Name of Notary Public)
J Personally Known OR_Produced Identification
Type of Identification Produced:
AS TO COUNTY:
ATTEST ,;-*'' .. G.
CRYSTAL K.KINZFI;;•.Clerk BOARD OF COUNTY COMMISSIONERS
• '° OF COL / TY,FLORIDA
y By: •
•
est as thairma Rick LoCastro, Chairperson
Date: (�P ter- 249
.. � n s Date: Io/2Y 23
Approved :A tS fo and sagnature only
regality
6.74.4
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eC4 rJ •c
Ronald T. Toniasko
Assistant County Attorney
[22-CA-973/1757979/1] 4