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Backup Documents 10/28/2025 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 4 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 Imes#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. County Attorney Office County Attorney Office 1_f 2. BCC Office Board of County Commissioners i 1115125 3. Minutes and Records Clerk of Court's Office (((l _ 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 Brooke Roxberry/,tVtanagement Contact Information 239-252-1109 Contact/Department Analyst II J Agenda Date Item was October 28,2025 Agenda Item Number 16.A.14 Approved by the BCC Type of Document . Settlement.Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 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 STAMP OK 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 legal sufficiency. (All documents to be BR 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 BR 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 BR 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 October 28,2025,and all changes made BR N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the BR N/A is not 11 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 email a completed copy to Madison.Bird@Colliercountyfl.gov 16A14 is • SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This Settlement Agreement and Mutual General'Release("Settlement Agreement")covers all understandings between Seminole petroleum, owned and operated by the Seminole Tribe of Florida, Inc. (collectively referred to herein as "SEMINOLE PETROLEUM"), a reference that includes each and every officer,director,present and former employee,agent, parent corporation cr subsidiary, committee, affiliate and division, their successors, assigns, beneficiaries,servants, legal representatives, administrators, fiduciaries, insurers, and heirs, both in their representative and individual capacities,and Collier County,Florida,a subdivision of the State of Florida(herein referred to as"COLLIER"),a reference that includes each and every Commissioner,its managers, directors, administrators, present and former employees, agents, departments and divisions, and their successors, assigns, beneficiaries, servants, legal representatives, fiduciaries, insurers, and heirs, past and present, both in their representative and individual capacities. SEMINOLE PETROLEUM and COLLIER are collectively referred to herein as the"Parties." WITNESSETIL WHEREAS, on or about July 11, 2023, COLLIER entered into Agreement No, 22-8023 (the "Agreement") with BluWater Florida LLC ("BluWater") by which BluWater, as an independent contractor, was to provide onsite daily management of COLLIER's marinas to including providing fuel to the boating public at the following County-owned parks: Port of the. Islands Park, Goodland Boat Park, Caxambas Boat Park, and Coccoliatchee River Park (collectively,the"County Marinas";and WHEREAS, on September 15, 2025, BluWater gave notice to COLLIER that it ceased operations at the County Marinas and abandoned those premises effective September 14,2025,in breach of the Agreement with COLLIER; and WHEREAS, at the time BluWater breached the Agreement with COLLIER[he fuel tanks at the County Marinas contained a confirmed amount of fuel that DluV►rater had purchased from SEMINOLE PETROLEUM in the following agreed quantities and sutras; Marinas Gallons of Fuel Dollar Amount Purchase Price per iallon Port of the Island 3686 $10,984.28 $2,98 Caxambas Boat Park 1962 $5,846.76 $2.98 Caccoh©lchee River Park 1065 (fuel) $3,155,60 $2.96 1259 (diesel) $3,428.86 $2..72 Total:Dollar Amount; 23.415,&1 And, WHEREAS, the above-referenced fuel comprised fuel that SEMINOLE PETROLEUM sold to BluWater as there is no contract existing between COLLIER and SEMINOLE PETROLEUM that would require COLLIER to reimburse SEMINOLE 1 16A14 PETROLEUM for the fuel inventory that BluWater abandoned at the time it ceased operations under its Agreement with COLLIER; and WHEREAS,COLLIER and SEMINOLE PETROLEUM agree that COLLIER is under no legal obligation to remit payment of any outstanding ninnies owed to SEMINOLE PETROLEUM as a result of any fuel that Btu-Water purchased directly from SEMINOLE PETROLEUM but that the Parties have reached an agreement whereby COLLIER will reimburse SEMINOLE PETROLEUM the sum of$23,415.50 as set forth above as a good faith effort to facilitate a final resolution of this dispute under the equitable principle of quantum meruit;and WHEREAS, COLLIER and SEMINOLE PETROLEUM, without admitting any liability Of fault by either of them, now seek to resolve all disputes because both Parties recognize the costs end uncertainties of continuing to contest any monies owed through civil remedies should they remain unable to resolve this dispute;and WHEREAS, COLLIER and SEMINOLE PETROLEUM intend through this Settlement Agreement and Release to resolve all claims that have been asserted or that could have been asserted by either Party that arise from,or refer or relate in any way,whether directly or indirectly, to SEMINOLE PETROLEUM's provision of fuel to BluWater at the County Marinas, NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, COLLIER and SEMINOLE PETROLEUM mutually agree to the following; 1. COLLIER and SEMINOLE PETROLEUM agree to adopt and incorporate the foregoing recitals, sometimes referred to as "whereas clauses" by reference into this Settlement Agreement. 2. For and in consideration of the promises made. by SEMINOLE PETROLEUM in Numbered Paragraph 3, COLLIER.agrees to pay SEMINOLE PETROLEUM the total lump sum of Twenty-Three Thousand Four Hundred anti Fifteen dollars and fifty cents ($23,4I 5.50)within twenty(20)days after the full execution of this Agreement by both Parties. SEMINOLE PETROLEUM understands and agrees that these monies will be paid to them upon satisfaction of the conditions set forth herein,with each Party bearing its own costs and attorney's fees in this dispute concerning any fuel it provided to its customer, BluWater. 3. For and in consideration of the promises outlined in Numbered Paragraph 2 of this Settlement Agreement,SEMINOLE,PETROLEUM agrees as follows: a. That this Settlement Agreement settles any and all claims and actions of'any nature whatsoever between SEMINOLE PETROLEUM and COLLIER, and that SEMINOLE PETROLEUM releases, acquits And forever discharges 2 16A14 COLLIER of and from all and any mariner of actions, causes of action,suits, tights to attorney's fees,debts,claims,and demands whatsoever in law or equity by reason ofany matter,cause or thing whatsoever,and particularly,but without limitation of the foregoing general terms, by reason of any claims for payment for fuel it provided at the County Marinas to BluWater. Further, without limitation, SEMINOLE PETROLEUM waives and releases all similar rights and claims under all federal, State and local provisions and all other statutory and common law causes of 4etion, including breach of contract, negligence, negligent misrepresentation, quantum rneruit, promissory estoppel, as well as all claims for attorney's fees and costs under any statute, rule, common law cause of action or otherwise, by reason of aoy conduct, matter, cause, act or omission arising out of or relating in any way to the provision of fuel at the County Marinas existing at any time prior to this Settlement Agreement,which SEivIINOLE PETROLEUM may have had or may have now, whether known or unknown, suspected or unsuspected, including claims asserted, or in arty other jurisdiction or forum whatsoever. b. To not sue or make any clainI.s against or involving COLLIER for any reason arising from its supplying fuel at (he County Marinas occurring from the beginning of time through the.date SEMINOLE PETROLI UIVI executes this Settlement Agreement. c. That this settlement is made and accepted in compromise of a disputed payment claim and shall not he construed to constitute art admission by COLLIER of any liability, violation of any federal, State, or local, statute or regulation, or any violation of SEMINOLE PETROLEUM's rights or that COLLIER owed or owes any duty owed to SEMINOLE PET R )LEUM. 4, In consideration of the Parties' settlement of this dispute, COLLIER hereby remises, releases, mid forever discharges SEMINOLE PETROLEUM of and from all manner of actions and causes of action which could have been,or should have been asserted as a result of fuel provided by SEMINOLE PETROLEUM to the County Marinas. The Parties understand and agree that COLLIER is providing this release to SEMINOLE PETROLEUM in accord and satisfaction of a disputed claim. 5. Each Party represents to the.other Party,as a material condition for their entering into this Settlement Agreement, except for those clatters set forth in the recitals, neither Party is aware of any claim or potential cause of action it may presently have against the other, b. COLLIER and SEMINOLE PETROLEUM further agree that the settlement of this dispute amongst one another shall not prohibit either Party from seeking further legal 3 16A14 redress against BluWater and that the Parties retain all legal rights and remedies that are available to them against Blu Water, 7. .Each Party acknowledges and agrees that this Settlement Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Settlement 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. S. This Settlement Agreement is the entire understanding between the Parties with respect to the matters set forth herein,superseding any and all prior discussions,written or oral. This Settlement Agreement may be amended only by a written instrument specifically referring to this Settlement Agreement and executed with the same formalities as this agreement. The Parties agree and acknowledge that, in the event a Court of competent jurisdiction finds that any portion of this Settlement Agreement is invalid, the other provisions shall remain in fully force and effect, 9. This Settlement Agreement shall be governed by the laws of the State of Florida. The Parties agree that any dispute which arises concerning the either the enforcement or the terms of this agreement shall be brought to any State Court having competent jurisdiction located within Collier County, Florida. 10.COLLIER and SEMINOLE PR.ET .OLBUM agree that this Settlement Agreement is entered into knowingly and voluntarily,after having the opportunity to fully discuss it with an attorney. IN WITNESS WHEREOF,COLLIER and SEMINOLE PETROLEUM have executed this Settlement Agreement and Mutual General Release on the below indicated dates. ATTEST. BOARD OF COUNTY COMMISSIONERS Crystal-K.Kinze COLLIER COUNTY,FLORIDA Clerk Orth C t end Comptroller • By By: w .� Attest a t C;hatrrrn's sig.ra ure`oily, , Deputy Clerk BurtL. Saunders,ChairmanDate: i :V► � g0Q App ,vcd as/ f. : ►d ality; WAIF colt t,Teach Deputy County Attorney 4 16A14 SEMINOLP.. PETROLEUM OP8RAT1NO THROUGH S1 MINOLE TRIBE OF FLORIDA, 1NC. Dated: \ ''1 \ 0` d y' a rs Print Name: 7 Its: Title of Signatory FIRS IT 1 SS: Signnture (] Print Name: ,- v i I— St 0 W11 ` S Sig nnati re� Print Name: rye1 t -ts sass 5