Backup Documents 09/10/2024 Item #16K 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 3
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 9/11/24
4. BCC Office Board of County
Commissioners Cu h c(,Z/'L`f
5. Minutes and Records Clerk of Court's Office o �121
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 E. Villarreal, Legal Assistant Phone Number 252-8821
Contact/Department Office of the County Attorney
Agenda Date Item was 9/10/24 Agenda Item Number 16-K-5
Approved by the BCC
Type of Document(s) Settlement agreement-Arnold&Glorida Number of Original 1
Attached Burchianti 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 9/10/2024 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 fully executed copy to Marian at Marian.Rhvne(c,colliercountvfl.gov needed for
processing of settlement check.
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 SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this_I Q__day of , ep¢u»Jer- ,2024, by and between ARNOLD
BURCHIANTI and GLORIA BURCHIANTI, hereinafter referred to as "Plaintiffs," and
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as
"County."
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 Arnold
Burchianti and Gloria Burchianti v. Collier County Board of Commissioners, et al. Case No.23-
CA-2254(hereinafter referred to as the "Lawsuit");and
WHEREAS, Plaintiffs and the County, 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 County desire to reduce the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers of the County, successors,
assigns, heirs, departments, and agencies.
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:
I. Plaintiffs and the County adopt and incorporate the foregoing recitals, sometimes
referred to as"Whereas Clauses," by reference into this Agreement.
2. 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 thirty thousand dollars and no cents ($30,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs
agree to dismiss the Lawsuit with Prejudice as it relates to the County.
3. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged,Plaintiffs, on behalf of
[23-CA-2254/1881873/1] 1
themselves, their attorneys, agents, representatives, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, contractors, representatives,
successors, assigns, insurers of the County, heirs, departments, and agencies, 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 she 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.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, Plaintiffs and the County 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.
5. Plaintiffs and the County 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 of the County, successors,
assigns, and heirs.
6. Plaintiffs and the County 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 Plaintiffs or the County.
7. Plaintiffs and the County 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.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiffs and the County
agree that all underlying causes of action or claims of Plaintiffs against the County 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 this regard, Plaintiffs
[23-CA-2254/1881873/1] 2
and the County 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.
10. Plaintiffs agree to use the proceeds of the settlement funds for the payment and
satisfaction of all liens, past and future 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 Plaintiffs brought or could have brought in the subject Lawsuit. The
Plaintiffs agree to be solely responsible for complete payment of all other obligations out of the
settlement proceeds, including any future medical bills.
11. The Plaintiffs hereby agree to indemnify and hold harmless the County 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.
12. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiffs and the County have signed and sealed this
Agreement and Release as set forth below.
By:
Arnold Burchianti,Plaintiff
By: ,Ql� t-J
Gloria Burchianti,Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of _ physical
presence or I online notarization, this i t} day of Alif Llsk , 2024, by Arnold
Burchianti and Gloria Burchianti. J
64- ' '
IRIS VE CO (Signature of Notary Public-State of Florida
.: MYCOMAIISSION A HH 132133
p� E�IRES:May 22.2025 1rIS UCCA
BondtQTh"Nois �da`'�0" (Print,Type,or Stamp CdP missioners
• Pubic
Name of Notary Public)
[23-CA-2254/1881873/1] 3
_Personally Known OR /Produced Identification
Type of Identification Produced: bL
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF O TY COMMISSIONERS
F OF COLLI C UNTY FLORIDA
By: r'r` :' ' . B :
. � Y
Chrxlsgall, Chairperson
Date: U 4( 0 I�2 Date: 1//o/z
App as to form and 1 gality
Ronald T.Tomasko
Assistant County Attorney
[23-CA-2254/1881873/1] 4