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Backup Documents 03/24/2015 Item #16K2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6K 2 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 lines 41 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 KN /� 3/24/15 4. BCC Office Board of County `V Commissioners V 3c \1S 5. Minutes and Records Clerk of Court's Office rY " 32S(?S lq?144 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 Kevin Noell, Asst. County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 3/24/15 Agenda Item Number 16-K-2✓ Approved by the BCC Type of Document Settlement Agreement and Release— Number of Original One of each Attached Gogan/Vineyards and Ramirez/Sosa Documents Attached PO number or account number if document is n/a 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 KN 2. Does the document need to be sent to another agency for additional signatures? If yes, KN 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 KN 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 KN 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 KN 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 KN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KN 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 3/24/15 and all changes made during the KN meeting have been incorporated in the attached document. The County Attorney's �yO�v Office has reviewed the changes, if applicable. � ��� 9. Initials of attorney verifying that the attached document is the version approved by the K � BCC,all changes directed bythe BCC have been made, and the document is readyfor the Chairman's signature. PLEASE PROVIDE COPIES OF FULLY EXECUTED AGREEMENTS TO KEVIN NOELL, ASSISTANT COUNTY ATTORNEY I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16K 2 _ Martha S. Vergara From: Martha S. Vergara Sent: Thursday, March 26, 2015 11:37 AM To: Noell, Kevin; Bradley, Nancy Subject: Settlement & Release Agreements Attachments: Kevin Noell.pdf Kevin & Nancy, Attached is a copy of what went out to the two attorneys today. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 16K $ , County of Collier CLERK OF THE CJRCJ�IT COURT COLLIER COUNTY COURT HOUSE Dwight E. Brock-Clerk-of Circuit Court 3315 TAM IAMI TRL E STE 102t "V' 1 P.O.BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audttof • Custodian of County March 26, 2015 Kubicki Draper, P.A. Attn: Gregory J. Prusak, Esq. 201 South Orange Avenue Suite 475 Orlando, FL 32801 Re: Settlement Agreement and Release Between Collier County, Gogan/Vineyards & Ramirez/Sosa Transmitted herewith one (1) copy of the above referenced documents, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, March 24, 2015, during Regular Session. If you have any questions feel free to to contact our office anytime. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Jerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerkki collierclerk.com 16K 2 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTI^,,COUR"I[IOUSE Dwight E. Brock-Clerk;of Circuit Court 3315 TAIIAMI TRL E STE 102 1 P.O.BOX 413044 NAPLES,FL 34112-5324 * NAPLES, FL 34101-3044 r Clerk of Courts • Comptroller • Auditor • Custodian of County March 26, 2015 Law Office of Amy L. Warpinski Attn: Amy L. Warpinski, Esq. 2070 McGregor Blvd. Suite One Fort Myers, FL 33901 Re: Settlement Agreement and Release Between Collier County, Gogan/Vineyards & Ramirez/Sosa Transmitted herewith one (1) copy of the above referenced documents, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, March 24, 2015, during Regular Session. If you have any questions feel free to to contact our office anytime. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy i lerk Enclosure • Phone- (239) 252-2646 Fax- (239) 2.52-2755 Website- www.CollierClerk.com Email- CollierClerk(a collierclerk.com 16K . SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT is made on the dates herein below set forth in counterparts by and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), the VINEYARDS DEVELOPMENT CORPORATION (hereinafter the "VINEYARDS"), DEBRA LEE GOGAN (hereinafter "GOGAN"), and the HANOVER AMERICAN INSURANCE COMPANY (hereinafter"HANOVER"). WITNESSETH: WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for Collier County, Florida against the Vineyards, Gogan and other parties for the recovery of damages caused to its Traffic Control Box located at the intersection of Pine Ridge Road and Whippoorwill Road in Collier County, Florida on October 29, 2013; and WHEREAS, HANOVER had issued policies of insurance for both the Vineyards and Gogan for the claims brought by the County; and WHEREAS, all parties to this Agreement and Release wish to settle the matter as to all disputes between them relative to the incident on October 29, 2013, as between these parties only,and dismiss the lawsuit against the Vineyards and Gogan. NOW THEREFORE in consideration of the preambles set forth hereinabove, the mutual covenants set forth herein below, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Upon execution of this Agreement and Release by the County,the Vineyards, and Gogan, Hanover will issue a check to the County in the amount of$13,400.00 as and for that portion of the County's damages attributed by this Agreement to the Vineyards and Gogan. 2. In and for the receipt of the $13,400.00, the County hereby forever releases the Vineyards, Gogan, and their insurer Hanover, including any and all successors in interest, assigns, heirs, devisees, agents, attorneys, representatives, or any other person(s) or entities that may claim any interest through them, from any and all liability, damages, costs, or fees the County incurred as a result of the incident on October 13, 2013 to its Traffic Control Box. 3. In addition, upon receipt of said funds, the County will cause the dismissal of the Vineyards and Gogan from said lawsuit, with prejudice. 4. This Agreement is expressly made contingent upon the County receiving the settlement funds agreed upon by the other parties to the aforementioned lawsuit. [14-2236-CA/1150043/1] Page 1 of 6 16K 2 5. The Vineyards, Gogan, and Hanover is no manner or way admits any liability to the County as a result of the aforesaid incident, and this Agreement is entered into by them as a compromise and settlement only. 6. This Agreement shall be governed by the laws of the State of Florida, and any disputes hereunder or enforcement hereof, should the Court be employed, shall be in the venue of Collier County, Florida. 7. This Agreement and Release may be executed in counterparts by the parties hereto. WHEREFORE, we have placed our hands and seals on the dates) set forth in the signature page made for each party. [ THIS SPACE INTENTIONALLY LEFT BLANK ] [14-2236-CA/1150043/1] Page 2 of 6 1 6K 2 VINEYARDS DEVELOPMENT CORPORATION By abs otjejs U 1P TITLE DATED: Z.,/ L' / ) ,2015. 7 / STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The undersi ned, being a Notary Public for the State of Florida, hereby certifies that day appeared before me this of &\6, , 2015 and is either personally known to me produced €ellowing--id-enti'fication: and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein e e and correct to the best of his knowledge. � Oat' OT RY P'9BLIC-IN AND FO' T E STATE OF FLORIDA ,n,0000 LINDA K.F01NEll ; —IV.- Notary Public-State of Florida .1 My Comm.Expires Feb 17,2018 Commission#FF 064962 Printed Name � .4 °`' Bonded Through National Notary Assn.r Commission Expires [14-2236-CA/1150043/1] Page 3 of 6 7 702 7o i , 16K 2 DEB' • LEE GOGAN DATED: / , 2015 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The undersigned,'being a Notary Public for the State of Florida, hereby certifies that DEBRA LEE GOGAN appeared before me this /9"" day of fb - , 2015 and is either personally known to me or produced the following identification: a. 5 L. (j Z So • 11-2:E 9 ` 9c F Q and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his kno F dge. -A, ,,ior NOTRY '`BLIC IN AND FOR THE STATE OF FLORIDA Printed Name Commission Expires jja �o�"a•Pue'c CESAR DOMINGO FERNAND i * ?(.A�% „ MY COMMISSION#EE 878226 ,, ,Iii EXPIRES:February 25,2017 vrEOF F,09§) Bonded Toru Budget Notary Services [14-2236-CA/1150043/1] Page 4 of 6 1 1 6K - 2 HANOVER AMERICAN INSURANCE COMPANY idS11By l�` f% �('-o /II 4 &L AO / Jae ' TITLE V 4 r-- DATED: " r4( et it, 2015. STATE OFPZ,- ,/ ) )SS: COUNTY OF The undersigned, being a Notary Public for the State of g/&/-; , hereby certifies that 77,,f J r ,` g-o,r s-r-) /e v- appeared before me this j Z.- day of fre‘,-u d� , 2015 and is either personally knomg or produced the following identification: , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his knowledge. ST, a*,•41 ^ GREGORY PULL NOTRY PUBLIC IN)I D FOR THE STATE OF FLORIDA $ \ ` Notary Public,-State of Florida My Comm.Expires Jan 18,2017 6-4 „fid:°•• Commission#►FE 665712 6'n v C G r ' e7 Printed Name Commission Expires [14-2236-CA/1150043/1] Page 5 of 6 1 6K 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By �s ' _ TIM NANCE CHAIRMAN DATED: Mvoi-cam 2A , 2015. ATTEST: DWIGHT E. BROCK CLERK OF COURTS By LU ` AilbkOjah Attest asci r signature only. Approved as to fothi and legality: KEVIN L.NOELL, ESQ. Assistant County Attorney [14-2236-CA/1150043/1] Page 6 of 6 1 6K 2 SETTLEMENT AGREEMENT AND RELEASE THIS AGREEMENT is made on the dates herein below set forth in counterparts by and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), ASTRID RAMIREZ (hereinafter"RAMIREZ"), AMELIA SOSA (hereinafter "SOSA"), and SAFECO INSURANCE COMPANY OF ILLINOIS (hereinafter "SAFECO"). WITNESSETH: WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for Collier County, Florida against Ramirez and Sosa and other parties for the recovery of damages caused to its Traffic Control Box located at the intersection of Pine Ridge Road and Whippoorwill Road in Collier County, Florida on October 29, 2013; and WHEREAS, SAFECO had issued policies of insurance for both Ramirez and Sosa for the claims brought by the County; and WHEREAS, all parties to this Agreement and Release wish to settle the matter as to all disputes between them relative to the incident on October 29, 2013, as between these parties only, and dismiss the lawsuit against Ramirez and Sosa. NOW THEREFORE in consideration of the preambles set forth hereinabove, the mutual covenants set forth herein below, and other good and valuable consideration, receipt of which is hereby acknowledged,the parties hereto agree as follows: 1. Upon execution of this Agreement and Release by the County, Ramirez and Sosa, Safeco will issue a check to the County in the amount of$13,400.00 as and for that portion of the County's damages attributed by this Agreement to Ramirez and Sosa. 2. In and for the receipt of the $13,400.00, the County hereby forever releases the Ramirez, Sosa, and their insurer Safeco, including any and all successors in interest, assigns, heirs, devisees, agents, attorneys, representatives, or any other person(s) or entities that may claim any interest through them, from any and all liability, damages, costs, or fees the County incurred as a result of the incident on October 13, 2013 to its Traffic Control Box. 3. In addition, upon receipt of said funds, the County will cause the dismissal of Ramirez and Sosa from said lawsuit,with prejudice. 4. This Agreement is expressly made contingent upon the County receiving the settlement funds agreed upon by the other parties to the aforementioned lawsuit. 16K 2 5. Ramirez, Sosa, and Safeco in no manner or way admit any liability to the County as a result of the aforesaid incident, and this Agreement is entered into by them as a compromise and settlement only. 6. This Agreement shall be governed by the laws of the State of Florida, and any disputes hereunder or enforcement hereof, should the Court be employed, shall be in the venue of Collier County, Florida. 7. This Agreement and Release may be executed in counterparts by the parties hereto. WHEREFORE, we have placed our hands and seals on the dates) set forth in the signature page made for each party. - �t-ri dm 1 - ASTRID RAMIREZ DATED: 03113 20)5 , 2015. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The undersigned, being a Notary Public for the State of Florida, hereby certifies that ASTRID RAMIREZ appeared before me this /J day of Fe,4-tt ory , 2015 and is either personally known to me ✓ or produced the following identification: 31- kb 4,d--co0 , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best o' 's wledge. `, OR��4���i .4er' :. O Y PUBLIC IN AND FOR THE 51rATc> A .N PQo 0. 4v: "I,,S ..... `fit .% , 16K 2 SAFECO INSURANCE COMPANY OF ILLINOIS By -R.g--e eleu---y..c.-g- 49,e.ecot-02,-.34-. CHER BELL,Claims Specialist DATED:--e � A A \---) , 2015. STATE OFV\ j(\d OL ) )SS: COUNTY OF I' nS) The undersigned, being a Notary Public for the State of Florida, hereby certifies that CHERYL BELL appeared before me this \-7 day of PbAjooril , 2015 and is either personally known to me or produced the following identification: VI ldcj,De;ver,5 I (C S-P , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his knowledge. C-K't-At7 KRISTINA M HAYES NOTRY PUBL C IN AND FOR T-1, (V- 79'*, TORIDA t'! )' MY COMMISSION#FF122927 Ayd°' EXPIRES May 13, ILIC134 r\O\ (407)090-0100 €IorideNoteryService.com Printed Name H i� . 20 /6('l Commission Expires 16K 2 Printed Name Commission Expires AMELIA SOSA DATED: oAty 140 , 2015 STATE OF FLORIDA ) .)SS: COUNTY OF COLLIER ) The undersigned, being a Notary Public for the State of Florida, hereby certifies that AMELIA SOSA appeared before me this /(Q day of reeELV4i1 , 2015 and is either personally known to me c or produced the following identification: 5 O-000-70` -747 -0 , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his knowledge. N411NIq{/y/ ..`���11AE..ALONsPy�� s� ���ss�ON .. NOTRY PUBLIC IN : D FOR THE TATE OF FLORIDA z. Vp �Y ,4!AP: i �oe6�i ;o Printed Name 'q9:.ta,. ,.o�`�� rEi 7U�gry 1, JOI g Commission Expires 6K 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By <1"aste.C_ TIM NANCE CHAIRMAN DATED: \Aarc,V 2-4\ , 2015. ATTEST: DWIGHT E. BROCK CLERK OF COURTS r �i� :: 't. By L ��; Deputy Clerk Attest as to Ctimi lliait-11 - ( signature only, Approved as to forni and legality: KEVIN L.NOELL, ESQ. Assistant County Attorney