Agenda 01/13/2026 Item #16K 9 (The Chair to execute a Settlement Agreement in the lawsuit styled Collier County Board of County Commissioners versus Cabull-Link, Inc., (Case No. 25-CC-3391)1/13/2026
Item # 16.K.9
ID# 2025-5068
Executive Summary
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit styled Collier
County Board of County Commissioners versus Cabull-Link, Inc., (Case No. 25-CC-3391), now pending in the County
Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $16,773.56.
OBJECTIVE: To recover the money paid by Collier County to an emergency vendor for repair of a wastewater lateral
line damaged by a negligent contractor.
CONSIDERATIONS: On or about March 23, 2023, Cabull-Link, Inc. performed excavation work at 1585 Gulf Coast
Drive, Collier County, Naples, Florida, and damaged the County’s wastewater lateral line. The County engaged
emergency contractors and allocated staff resources to repair the County’s wastewater lateral line, incurring $16,773.56
in damages. The Board authorized the County Attorney’s to file a lawsuit against Cabull-Link, Inc. to recover the
$16,773.56 incurred to repair the County’s wastewater lateral line.
On December 9, 2025, the County filed a lawsuit against Cabull-Link, Inc. for negligence. On December 15, 2025, the
principal of Cabull-Link, Inc. contacted the County Attorney’s Office with an offer to settle. The County Attorney’s
Office prepared a Settlement Agreement whereby Cabull-Link, Inc. agrees to repay the County $16,773.56 in damages
within five days of the effective date of the Settlement Agreement in exchange for a dismissal of the lawsuit.
The settlement requires the Board Chairman to execute the Settlement Agreement in order for the County to receive
payment. The County Attorney’s Office and the Risk Management Director support this settlement and recommend
Board approval, as the County will be reimbursed for the full value of the damage.
FISCAL IMPACT: Approval of the settlement will result in a payment to the County of $16,773.56 for damages.
Proceeds from this Settlement Agreement will be deposited within the Property and Casualty Fund (5016).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
- CLD
RECOMMENDATION(S): For the Board of County Commissioners to approve and authorize the Chairman to execute
the Settlement Agreement for the total sum of $16,773.56 in the lawsuit styled Collier County Board of County
Commissioners against Cabull-Link, Inc., (Case No. 25-CC-3391), now pending in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Courtney L. DaSilva, Assistant County Attorney
Michael K. Quigley, Director, Risk Management
ATTACHMENTS:
1. Cabull-Link Settlement Agreement
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IN THE COI.INT}'COI.]RT OF THE TWENTIEI'TI JTIDICTAL CIRCUIT
IN AND TOR COLLIER COUNT\', FLORIDA
CIVIL ACTION
BOARD O}' COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA.
Plaintil'l
\s Case No.:25-CC-3391
CABULL-LINK, INC., a Florida corporation,
Det'endant.
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered in o tni, ll4uy of December 2025. by and
between Cabull-Link. Inc. ("Cabull-Link") and Collier County. a Subdivision of the State of
Florida (hereinat'ter "Collier County" or "County") (collectively. the "Panies").
RECITALS
WHEREAS. Collier County filed a one-count Complaint for negligence against Cabull-
Link on December 9, 2025 regarding damage caused by Cabull-Link while performing an
excavation at I 585 Gulf Coast Drive, Collier County, Florida (the "Action");
WI{EREAS. Cabull-Link acknowledges that on March 23. 2023, it struck and damaged the
County's owned, operated. and maintained wastewat€r lateral line:
WHEREAS, Cabull-Link further acknowledges that Collier County's total damages to
repair the wastewater lateral line is S 16,773.56; and
WHEREAS, the Parties to desire to fully settle the Action and avoid rncurring funher costs.
attorneys' t'ees. and expenses relating to the Actron.
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NOW. THEREFORE. in consideration thereol. Cabull-Link and Collier County agree as
fbllows:
L Settl€metrt Psvment. Cabull-Link agrees to pay Collier County $16,773.56 in
damages as follou's:
a. Cabull-Link shall make a $16.773.56 payment to Collier County within five (5)
days ofthe Effective Date of this Agreement.
b. Payments will be made by certified check or money order to include the claim
number 50-03232313E11 and date of loss Merch 23. 2023 on the memo line. made payable to
Collier County Board of County Commissioners and sent to the Collier County Risk Management
Department, Atm.: Greily Gonzalez, Manager. Risk Finance.33l I Tamiami Trail, East, Building
D, Naples, Florida 34112.
2. Dismlssal of Actlon. Within ten ( l0) days of receipt and clearance of the down
payment described in paragraph l(a.), Collier County shall dismiss the Action with prejudice.
-1. Notice of Defiult and ODDortunitv to Cure. Cabull-Link further agrees that
should it fail to make the required payments, it will have ten ( I0) days from the date of u'ritten
notice from Collier County to cure the breach of this Agreement by making the required payment.
Cabull-Link agrees that, should it fail to make the required payment within ten ( l0) days of written
notice iiom Collier County, it will be rn material breach of this Agreement.
4. Defrult. Cabull-Link agrees that if it materially breaches this Agreement, Collier
County may accelerate all the remaining payments due hereunder, charge the prevailing legal
inrcrcst lirr thc balancc due until paid, and Cabull-Link agrees lo enter into a consentiudgment lbr
the remaining amounl as calculated by Collier County. If Collier County incurs any legal fees
and/or costs and expenses in any proceeding to enforce the terms of this Agreement or any of its
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rights provided hereunder. Collier County. as the prevailing party. shall be entitled to recover its
reasonable attomey's tbes, costs, and any court, arbitration, mediation, or other litigation expenses
trom Cabull-Link.
5. Efl'ective Date. The Eltective Date of this A greement is the date upon which the
Chainnan of the Collier County Board of County Commissioners signs this Agreement. The
Parties understand and agree that this Agreement is not ell'ective or binding unless and until the
Collier County Board of County Commissioners approves this Agreement.
6 NggSC. All notices to be given to Cabull-Link shall be made in writing and sent via
U.S. Mail to its principal address located at 1690 SW Reynolds St, Arcadia, Florida 34266.
7. Choice of Lau': !'enue. This Agreement u,ill be governed by and interpreted in
accordance with the lau's of the State of Florida. The Parties hereby agree that any action arising
out of this Agreement will be brought solely in thc state courl located in Collier County, Florida.
T}IE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM,
COUNTERCLAIM ORACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
u. Bgp@. The Panies acknowledge that they have not relied on any
representations made by any other p6rty or any other parties' attorneys, agents, servants. or
employees in entering into the Agreement. except for those expressly stated in the Agreement.
9. Complete Asreement. The Agleement sets lbfth the entire agreement b€rween the
parties to the Agreement and supersedes all prior written or oral agreements between the Parties.
lO. Bindins. Thc Atrcsmcnt shall bc bioding on and inurc to the benefil ()t the Panics,
their hein, administrators, representatives. executors. successors, and assigns.
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ll. lndeoendent Lepal Counsel. Thc Panies acknorvledge that thr,y each had the
oppornrnity lo consult with independent legal counsel oftheir choosing regarding the legal effect
ofthis Agreement and that each Party lieely and voluntarily enters inro this Agreement
12. Attornev's Fees and Costs. The Parties hercto shall bear their oun atlom ey's fees
and costs incurred in connection with the Action.
13. Non-Waiver. No waiver of any term or right in this Agreement shall be effective
unless in writing. signed by an authorized representative ofthe waiving Party. The failure ofeither
Party to enforce any provision ofthis Agreement shall not be construed as a waiver or modification
of such provision, or impairment of its right to enforce such provision or any other provision of
this Agreement thereafter.
14. Seve bilitv. Should an y provision ofthe Agreement be declared or be determined
by any coun of competent jurisdiction to be wholly or partially illegal, invalid. or unenforcesble.
the legality, validity, and enfbrceability oithe remaining parts, terrns, or provisions shall not be
all'ected thereby. and said illegal, unenforceable, or invalid pan, term, or provision shall be deemed
not to be a part ofthe Agreement.
15. Modlfications. This Agreement cannot be amended, modified or amplified except
by wriften agreement signed by the Parties. No oral statement made by any person shall operate to
modify this Agreement in any manner or otherw'ise affect its terms and provisions.
15. Counterparts. This A greement may be executed in one or more counterpans, each
of which will be deemed to be an original. but all of which together will constitute one and the
sunrs irrstrulDq[t, withuut ncccssity ol pruduction of'thc otl]sni- An cxccuted signaturc page
delivered via facsimile transmission or electronic signature shall be deemed as effective as an
original executed signanrre page.
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16. Authoritv to Bind. The signatory hereto warrants and represents that they have the
requisite authority to enler into this Settlement Agreement on behalf of Cabull-Link.
lSignoture Page n Followl
IN WITNESS WHEREOI- the Parties have signed this Agreement on the date first set lbrth below.
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By
CABULL-LINK. INC.
ATTEST:
CRYSTAL K. KINZEL, Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By
Dan Kou'al. Chairman
Date:
Approved as to form and
legal sufliciency:
Nu*",J,rnn5. fv/JSu.-
r,t"'pre6/e,d
aut", /2f t4/AOe{
I31'c/bCourtney L. DaSilva
Assistant County Anomey
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