Resolution 1999-222TltE ACQUISIIION OF LAND BY GIFT.
ON OF FEE SIMPLE TH'LE INTERESTS
PERPETUAL ROAD RIGHT-OF-WAY,
~GE. MAINTENANCE AND TEMPORARY
INTERESTS BY EASEMENT FOR TIlE
.-LANING ROADWAY IMPROVEMENTS FOR
) BETWEEN C R 951 ANI) WILSON62
WtlEREAS. thc Board oft. oumy ('ommis.,,ioners. on October 28, 1907, adopted Ordinance
No 97-55 therein establishing lhe 1997 {Sevcmb Annual} Capilal Improvement Elclncnt of the
Grox~h Management Plan in order to establish priorities for lhe design, acquisition and constmclion
of lhe various capital improvement projects. The Transportation Element of Ibe County's
Comprehensive Plan x~as adopted in Ordinance No 97-62, and
WItEREAS. the fi)ur-laning improvements to Golden Gate Boulevard Road betxvccn C R
951 and Wilson Boulevard is one of the capital improvcmcn~ projects required under thc
Transportation Elcmcm ol'thc County's Comprehensive Plan, and
Wf IEREAS. the Board off County Commissioners, on April 28, I OOg. adopted Resohuion No
08-107 amhorizing tt~e County Slaff to acquire by gilt or purchase certain easemems ancot fee simple
title to fi~e property and property inlerests required and neces~ for the Golden Gate Boulevard four-
laning roadway improxemenls of Golden Gale Boulevard between C R 051 and Wilson Boulevard,
and
WI IEREAS, thc location liar constructi(m of Ibc proposed improvements has been Ilxcd hy
survey and is col[ecti,,'ely represented by the legal descriptions comprising Exhibit "A" auachcd hereto
and incorporated herein.
W~IEREAS, after consideration of the availability of alternate roulcS and localions, lhe
comparative costs or project ahefnatives, various impacts upon the environment, long range planning
options, and public salUt5 considerations, ll~e Buard desires to exercise its righl Io condemn property
tbr public purpo>es
NOW, TIIEREFORE, BE H' RESOI.VED BY TIlE I]OARI) OF COUNTY
COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA, that il has been determined by the Board
that the consm~ction of the tbur-laning roadx~ay improvemems for thc Gnlden Gate Boulevard
between C R 051 and Wilson Boulexard. (hereinafter rel~rred lo as 'hhe Project") is necessary and in
the public's best interest in order to protect Ibc heahb, safely and x~ellisre of the citizens of Collier
County
Page 1
RESOI.UTION NO. 9% 222
A RESOI.UTION AUTIIORIZING TIlE ACQUISITION OF LAND BY GIFT,
PURCtIAfiE OR CONDEMNATION OF FEE SIMPI.E TITLE INTERI!STS
AN[):OR NON-F. XCI.L'SI\'F.. PERPETUA[. ROAD RIGI IT-OF-WAY.
SII)EWAI.K.I.;TII.ITY. DRAIN:\GI.~. MAINTENANCE AND 'I'F. MPOI~AI,tY
I)RIVEWA'~' RESTORATION INTERESTS BY EASEMENT FOP, TIIF,
CONSTRUCTION OF TIlE FOUR-LANING ROAD\\'AY IMPROVF, MENTS FOR
GOLDEN GATE BOUI,EVARD BETWEEN C, R 951 AND WII,SON
BOUI,F,V..\RD PROJECT, CIE NO 62
\Vi lI'~RF, AS. thc Board of (',.)tlnly ('on,nissioncrs. on October 28. 1997, adopted Ordinance
No 07-55 therein cslaHIishing the 1907 (Seventh Annual) Capital hnprovemcnt I~lement of Ihe
Growfl~ Management Plan in order lo establish priorities for the design, acquisition and construction
oF thc various capital improvement projects The Transpo~alion [Llcmcnl of thc CounJy's
Comprehensive Plan was adopted in Ordinance No 97-62; and
WttEREAS. the tbur-laning improvements lO Golden Gate Boulevard Roatl between (' R
051 and Wilson Boulevard is one of the capital improvement prQects required under the
Transporlation Elcmcnl of Ibc County's Comprehensive Plan. and
WI IEREAS. the Board of County Commissioners, on April 28, 1998, adopted Resolulion No,
98-107 authorizing the County Staff to acquire by gift or purchase ccflain easements ancVor fee simple
title to the property and property inlcrcsts required and neccssa~, fi~r the Golden Gate Boulevard fi)ur-
laning road~ay improvcmentq of (;olden Gate Boulevard bet~een C R 951 and Wilsm~ Boulevard;
and
WItEREAS, the location for consln~ction off the proposed improvements has been fixed by
su~'ey and is colleclively represented by d~e legal descriptions comprising Exhibil "A" attached hereto
and incorporated hereto
WItEREAS, azter consideration of the availability of alternate routes and locations, the
comparative cosls of project alternatives, various impacls upon the environment, long range planning
options, and public sat~qy considerations. ~hc Board desires t- exercise its right Io condemn properly
for public purposes
NOW. 'ItlEREFORE. lIE IT RESOI.VED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COI.I.IER C()UNTY. FI.ORIDA. that it has been determined by the Board
that the construction oF Ibc tbur-laning roadx~ay improvements for the Golden Gate Boulevard
between C R. 951 and Wilson Boulevard, (hereinafter referred Io as "fi~e Project") is necessa~ and in
the public's best interest in order Io protect the heahh, salary and welfare of the citizens of Collier
County.
Page 1
AND IT IS FURTltER RESOI,VED Ihat construction of the Project is part of the Counly's
long range planning effort, and is included in fl~c Transponatkm Element of thc County's
Comprehensive Plan tbr Grm~d~ Management, as approved by the Florida Department of Community
Afl, irs
AND H' lfi FURTItER RESOI,VI~I) lhat the County Stall' has reviewed ahcrnali~ c locations
for the project, various impacts Io thc environmental, public sat~ty and ~vellhre considerations
associated with thc design and construction of the project, and thc costs associated wid~ the design,
property rights acquisition, and construction of the project, and the Board finds that after
consideration of these issues, the most t~asible location for conslruction of the proposed
improvcmcnls is collectively represented by the legal descriptions comprising Exhibil "A" auached
herclo and incorporaled herein
AND IT IS FUR'FItER RESOIA'ED Ihat in order l() conslmct thc project as designed, h is
nccessa~' tbr the Board to acquire the xarious real propcrt5 interests de~crihed Exhibit "A" Io wit
simple title interests and/or perpetual, non-exclusive road ri~ht-of-xgay, sklewalk, utility drainage.
maintenance anti temporal' driveway rcstoralion intctcsls by easement
AND IT IS FUR'FI IER RESOLVED that all property shall be put to public purposes
AND IT IS FI;RTIIER RESOI,VED that thc Count) staff'is hereby authorized to immediately
acquire by gift. purchase or condemnation in accordance wilh the proxisions of Chapters 73. 7.1 and
127. Florida Slatute~. Ibc above.referenced real property interests more particularly described in
Exhibit "A". attached hereto and incorporated hereto
AND H' IS FURTI IER RI~SOI,VI~D thai no mobile homes arc located ~,~ thc pmpc~ty sought
to be acquired and therelbrc il will not be necessaD' to tcmm'e any mobile hmnes I?om the property to
be acqulrcd
second and majmhy vole
ATTEST:'
DWIGitl' F,. BROCK, ('1 F. RK
Clerk
Ap~;oved as to Ibrm and
legal sufficiency
lleidi F. Ashton
Assislanl Coonly Allorney
Page 2
John C. Noms
Dist~ct 1
James D. Carter. Ph.D.
Disl~ct 2
Timothy J. ConsLanbne
Dis~Ct 3
Pamela S, Mac'Kie
D~stnct 4
Barbara B. Bem/
Ms. Jan3 Walling
Office of Pl,'ming and Dud~cdng
Executive Office of thc Govcmor
Thc Capitol Building. Eoom 160l
TaJl;~ssec. Florida
RE: Rcsponsc to Collicr Count)' ShcriWs Lcttcr o£April 2~. 1999
33~ E~t T~mi~mi Trml · N~ple$. Florid~ 3~ 12.4977
(941l 774-8097 · Fax (94~) 774-3602
April 26, 1999
Dear Ms. Walling:
Collier County Sheriff Don Hunter recently sent you correspondence dated April 22, 1999 in regard Io thc appoal
of his Fiscal Year 1999 budget approved by. thc Board of County Commissioners. The letter indic, ales that the
natur~ of his budget appeal focuses on two succinct issues: (1) whether the Sheriff is a county wide Constitutional
Office with county wide duties; and, (2) whether F.S. 30.49 m~l other pertinent Florida Statules r~cluin: reserves
for contingencies Io bc available upon demand of the Sheriff, in the budget of the Sheriff.
A copy. of this letter was provided to the Board of Count)' Commissioners and requested that lhc Board indicate if
they concurred in thc requested "narrowing of the issues". The Board of Count)' Commissioners does not. in fact.
concur with thc requcstcd narrowing of thc issues. Thc $2,982, I00 reserve issmc docs not havc a narrow focus, as
it would afford the Sheriff the ability to spend almost $3 million above thc amount approved by thc Board of
County. Commissioncrs in FY 99. without our concurrence.
As noted in pre,,4ous correspondence regarding the Sheriff's budget appeal, it is the position of thc Board of
County Commi~ioncrs that the funding allocated Io the Sheriff for fiscal )'ear 1999 is sufficient for the
confin'nalion ora responsible Ic~'el of law enforcement in Collier County.
Therefore. the appeal process should proceed with the documents requested by Governor's Office of Planning and
Budgedng.
Sincer ~
~'amela S. Mac'Kie, Chairwoman ~
Board of Count)' Commissioners
Collier County, Florida
Attachments
Board of County Commissioners
Dor~ Htmter, Shcriff
Robert F. Fernandez, County Administrator
David C. Wcigcl. County Altorncy
THIS SE'1-TLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
referred to as the "Agreement and Release") is entered into and ma~le on this 27th (lay of
April, 1999 by and between Clabel Julien (hereinafter referred to as" Mr. Julien") and
Collier County (hereinafter referred to as the "County").
WI T N ESS ET H.'
WHEREAS, Mr. Julien filed a claim against tile County as a result o'f an auto
accident that occurred on August 13, 1997 near the intersection oflmmokalee Road and
Randall Boulevard in Collier County, Florida and that involved a vehicle driven by Mr.
Julien and a vehicle driven by a County employee (hereinafter referred to as the "Auto
Accident Claim"~; and,
WHEREAS, Mr. Julien and the County, without either of them admitting any
liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues
that arise or derive from, relate or refer in any way, whether directly or indirectly, to the
Auto Accident Claim; and,
WHEREAS, Mr. Julien and the County desire to reduce Iheir settlement ~f the
Auto Accident Claim to a writing so that it st~all be binding lll)on them as ,,veil as their
respective owners, i)rincipals, elected officials, officers, employees, ex-employees, agents,
attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates.
9A
NOW, THEREFORE, in consideration of the mutual cowmants, promises and
consideration set forth in this Agreement and Reiease, and with 1he intent to be legally
t)OU~(I, ,N~r. Jtl~ie~ ,~1([ ~J~e County agree a~ follows:
1. Mr. ~ulien and the County adopt and inct~qx~rate tt~e foregoing recitals,
some~m~es referred to as "Whereas Clauses", by reference into this Agr,,ement and Release.
2. In consideration of the res°luti°n °f the Aut° Acci(lent Claim aswell as aH
disputes or claims arising or deriving' from or referring or relating in any way, whelher
diremly or indirectly, l°theAut°Accident Claim, and for and ir~c(msiderati~m of Ibc sum
of $23,500.00 and off,er valuable consideration, including ti]e paymetd of all m(,diat~on
fees, the receil)t and adequacy of which is hereby acknowledged by Mr. lulien, Mr. Julien
agrees to release and discharge the County and its respective principals, elected ~)fficials,
officers, employees, ex-eml)loyecs, agents, attorneys, represer~latwes, inst~rers, spouses,
successors, assigns, heirs and affiliates from the Auto Accident CJ,~im an(l ,my ,im(J all
lialfility that is or may I)(, related, associated or derived in any way, whett~er diredly ()r
inclirecfly, from the Auto Accident Claim and fu~her covenants never ~o sue the (~unly
any of ils respective principals, elected officials, officers, employees, ex-emlfl(~Yees, agents,
a~torneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates for
Auto Accident Claim or any dispute, issue or claim that relates, (lerives from, or refers
any way to the ALilO Accident Claim.
3. In (.onsideratior~ of the resolution of the AuW) Accidor~t Claim, ,m(I fl)r other
good and valuable consideration, tt~e receipt and adequacy of which is hereby
ackn~)wledged, Mr. Julien, ()n behalf of himself as well as on behalf of his spouse (if any),
attorneys, agents, representatwes, insurers, heirs, successors and assigns Jmrel}y expressly
releases and forever discharges the County, as well as its principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors,
assigns, spouses, Heirs and affiliates from any and all claims, demands, causes ~f action,
damages, costs, attorney's fees, expenses and obligations of any kind or nalt~m wHa~s(mv('r
that he I~as asse~ed or coukl have asse~ed in the Auto Accident (71aim or that
derive from or relate or refer in any way, whether directly or indirectly, to the Auto
Accident Claim. In this regard, and without limitation, Mr. Julien ~,xpressly warr,mt~
he has tt~e fuji ,mlhorit¥ to release all claims of loss of conso~ium (}r claims of t~is insurers
that may arise or derive from or relate or refer in any way, wt~ether dire(tly ~r in~lin,(tiy,
the Auto Acci~i(mt Claim or ti~e events, incidents or allegations (,n('~)mj~,lss~'(I l~y tim ALii()
Accident Claim.
4. NotwitHstanding anything that may be to lt~e contra~ m I'aragral)h 3 (~f 1His
Agreement and Release, Mr. Julien and ti~e County agree that either of fl~em (as ~vell as any
other persons or entities intended to be bound) sl~all, in the event of any breach, retain the
rigt]t to enforce the terms and conditions of this Agreement and Release.
5. Mr. Julien and the County acknowledge and agree lt~at this Agreement and
Release is intended to and shall be binding upon ti~eir respective princil)als, elected
officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers,
successors, assigns, spouses, heirs and affiliates.
6. Mr. Julien and the County acknowledge and agree fl~at this Agreement and
Release memorializes and states a settlement of disputed claims and nothi.~g in this
Agreement and Release shall be construed to be an admission of any kind, whetl~er of
fault, liability, or of a particular policy or procedure, on the part oi' either Mr. Julien or the
County.
7. Mr. Juiien and tile County acknowledge and agree, 1hat Ii,is Agreeing'hi and
Release is the product ~f mutual negotiation and no (Iout)tft~l or ,m~biguous language or
provision in this Agreement and Release is to be construed against any i)any based tlpOt~ a
claim that the pa~y drafted the ambiguous provision or language or that tt~e pany was
intended to be benefited by the ambiguous provision or language.
8. '[his Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities
as this Agreement and Release.
9. In the event of an alleged [)reach of this Agreement and Release, Mr. julien
and the County agree that all underlying causes of a~ion ~)r claims of Mr. Julien or olhers,
wino might either claim through him or upon his behalf or by subrogation, have been
extinguist~ed by this Agreement and Release and that the sole remedy for breach of tills
Agreement and Release st~ail be for specific performance of its terms and conditions (~r any
damages arising from the breach. In this regard, Mr. Julien and the County ~u~her 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. ~his Agreement and Release shall be governed by tl~e laws of the state of
Florida.
IN WITNESS WHEREOF, Mr. Julien and the County have signed and sealed
this six (6) page Agreemen! and Release as set forth below.
DATE D:
..
· . A-F[EST:
DWIGHT E.~B'ROCK, Clerk
~t~atu~e only.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COLJNTY, FLORIDA
/
/
I AMELA ~. ~-~'-~, ~an
Da,e: 4/19' / ¢f .
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CLABEL JULIEN AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Clabel Julien before
me this /4~Zday of /77~_., 1999.
Public
Personally Known .~,
or
Produced Identification
Type of Identification Produced
9
A
My Commission expires:
Approved as to f()rn~ and
legal sufficiency:
Michael W. Pettit
Assistant County, A lorney
9A
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
referred to as the "Agreement and Release") is entered into and made on ttqs 27th (lay of
April, 1999 by and between Celeste Boliva (hereinafter referred to as" Mr. [foliva") and
Collier County (hereinafter referred to as the "County').
WITNESSETH:
WHEREAS, Mr. Boliva filed a claim against tile County as a result of at~ auto
accident that occurred on August 13, 1997 near the intersection of Immokalee Road and
Randall Boulevard in Collier County, Florida and that involved a vehicle owned by Mr.
Boliva and in which he was a passenger and a vehicle driven by a County employee
(hereinafter referred to as the "Auto Accident Claim"); and,
WHEREAS, Mr. Boliva and the County, without either of tt~em admitting any
liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues
that arise or derive from, relate or refer in any way, wi~ether directly or indirectly, to
Auto Accident Claim; and,
WHEREAS, Mr. Boliva and the County desire to reduce their settlement of the
Auto Accident Claim to a writing so that it shall be binding upon tl~em as well as their
respective owners, principals, elected officials, officers, employees, ex-employees, agents,
attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of tile mutual covenants, promisc, s and
consideration set forth in this Agreement and Release, and with the inlent to l)e legally
bound, Mr. goliva and the County agree as follows:
1. Mr. Boliva and the County adopt and incorporate tile foregoing., recitals,
sometimes referred to as "WI]ereas Clauses", by reference into this Agreement and Release.
2. In consideration of the resolution of the Auto Accident Claim as well as all
dispuJes or claims arising or deriving from or referring or relating in any way, whether
directly or indirectly, to li~e Auto Accident Claim, and for and in c<>nsideration~fti~esum
of S39,250.00 and ortner valuable consideration, including the payment of all mediation
fees, the receipt and adequacy of which is hereby acknowledged by Mr. Bo!iva, Mr. Boliv,i
agrees to release and discharge the County and its respective principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates from the Auto Accident Claim and any and all
liability d~at is or may be related, associated or derived in any way, whether (lirectly or
indirectly, from the Auto Accident Claim and further covenants never to sue the County or
any of its respective principals, elected officials, officers, employees, ex-employees, agents,
attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliales for the
Auto Accident Claim or any dispute, issue or claim that relates, derives from, or refers in
any way to the Au~o Accictent Claim.
3. In co~sideration of the resolution of the Auto Accident Claim, and for other
good anct valuable consideration, the receipt and adequacy of which is t~ereby
acknowledged, Mr. Boliva, on behalf of iqmself as well as on bet]alf of his spouse (if any),
attorneys, agents, representatives, insurers, heirs, successors and assigns hereby expressly
releases and forever discharges the County, as well as its principals, elected officials,
officers, emp~oyees, ex-employees, agents, atlorneys, representative% insurers, successors,
assigns, spouses, heirs and affiliates from any and all claims, clem,re(is, cau~('s(~f
damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever
that he has assened or coukl have asseded in the Auto Accident Claim or that arise or
derive from ~)r relate or refer in any way, whether directly or indirectly, to the Auto
Accident Claim. Jntl3is regard, and without limitation, Mr. Boliva expressly warrants
he has the full authority to release all claims of loss of consortium (,r claims of his
that may arise or derive from or relate or refer in any way, whefl~er directly or indirectly, to
the Auto Accident Claim or the events, incidents or allegalions encompassed by the Auto
Accident Claim.
4. Notwithstanding anything d~at may be to tt~e contrap/ in Paragraph 3 of this
Agreement and Release, Mr. Boliva and the County agree fl~at eifi~er 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 tt~e terms and conditions of this Agreement and Release.
5. Mr. Boliva and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective principals, elected
officials, officers, employees, ex-employees, agents, attorneys, r,~presentatives, insurers,
successors, assigns, spouses, heirs and affiliates.
6. Mr. Boliva and the County acknowledge ancl agree that this Agreement and
Release memorializes and states a settlement of disputed claims and notlqng it~ this
Agreement and Release 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 Mr. B(~liva or Ihe
County.
7. ,k~r. Boliva anti the Cotmty acknowledge and agree Ii,at this Agreement an~l
Release is ti~e product of mutual negotiation and no doubtful or aml~guous language or
provision i~ this Agreement and Release is to be construed against ~ny pa~y based upon a
claim that t[~e parly drafted the ambiguous provision or language ~r that the pa~y wa~
intended to be benefited by the ambiguous provision or language.
~i~i~ Agreement and Release may be amendod orqy I,v ,~ kYritlr'n instrtmmnt
specifically referring to this Agreement and Release ;~n(J executed with the ~an~e formalities
as this Agreement and Release.
9. In the event of an alleged breach of this Agreemem and Release, Mr. [foliw~
and the County agree that all underlying causes of action or claims of Mr. Boliva or others,
who might either claim through him or upon his behalf or by subrogation, have been
extinguished by this Agreement and Release and that the sole remedy for bre,~ch of this
Agreement and Release shall be for specific performance of its terms and condition, s or any
damages arising from the breach. In this regard, Mr. Boliva and the County Further agree
that the sole venue ~or any such action shall be in the Twentieth Judicial Circuit in and for
Collier County, Florida in Naples, Florida.
10. 1'his Agreement and Release shall be governed by the laws r~f the state of
Florida.
IN WITNESS WHEREOF, Mr. Boliva and the County I~,n.,e signed and staled
this six (6) [)age Agreement and Release as set forth below.
ZPR ~ 7 1999
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
F1AMELA S. MAC'KIE, Chairwoman
Date:
--~EL"E.S'TE BOLl'V3,, Cla'~aht
THIS SE'FrLEMENT AGREEMENT AND RELEASE BETWEEN CELESTE BOLIVA AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Celeste Boliva before
me this ~day of ~
Signature~blic
,1999.
Personally Known "'M'
or
'Produced Identification
Type of Identification Produced
Commission expires:
Approved as to form and
legal sul'ficiency:
Michael \¥. Pett~
Assistant Counh' Attorney
h;hl'~h~'~-~,~:¥mr'nt aKr~menl & release