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Backup Documents 07/08/2014 Item #16K10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K O 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#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 KN 7/8/14 4. BCC Office Board of County 1 b Commissioners ��� 5. Minutes and Records Clerk of Court's Office IY1b 111111 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 No 1,Assistant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 7/8/14 Agenda Item Number 16-K-10 Approved by the BCC Type of Document Settlement Agreement&Release-Lustro Number of Original Two 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? 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 fmal 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 ofyour deadlines! 8. The document was approved by the BCC on 7/8/14 and all changes made during the KN meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the KN BCC,all changes directed by the BCC have been made,and the document is ready for he Chairman's signature. PLEASE RETURN ONE ORIGINAL TO KEVIN NOELL,ASSISTANT COU Y 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 10 MEMORANDUM Date: July 14, 2014 To: Kevin Noell, Assistant County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement & Mutual Release - Lustro Attached is an original as referenced above, (Agenda Item #16K10) approved by the Board of County Commissioners on Tuesday, July 8, 2014. An original has been kept by the Minutes and Record's Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. 16K 10: SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE made by and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY") for the Collier County Public Library a/k/a the Naples Public Library and GERALDINE LUSTRO (hereinafter "LUSTRO") of Elmwood Park, Illinois on, the date(s) hereinafter signed in counterparts. WITNESSETH: WHEREAS, LUSTRO is the sister and sole surviving heir of RONALD M. WADE, Deceased(hereinafter"DECEDENT"); and WHEREAS,LUSTRO allegedly tendered to DECEDENT in 2004 a sum of$65,000.00 to invest for her;and WHEREAS, DECEDENT deposited said $65,000.00 in his Morgan Stanley investment account(s), co-mingling said funds; and WHEREAS,DECEDENT died intestate; and WHEREAS, DECEDENT provided for a Transfer on Death of the all proceeds of his Morgan Stanley investment account(s) to five (5) separate institutions, one of which is the COLLIER COUNTY PUBLIC LIBRARY A/K/A Naples Public Library (hereinafter the "LIBRARY"); and WHEREAS,LUSTRO is claiming a legal and equitable interest in DECEDENT'S Morgan Stanley investment account(s) by virtue of her tendering the $65,000.00 to the DECEDENT and he depositing it in said account(s); and WHEREAS,the COUNTY disputes the claim by LUSTRO of any interest in the funds in said Morgan Stanley investment account(s);and 1 0 16K10 WHEREAS, both the COUNTY and LUSTRO wish to avoid any prolonged and unproductive litigation in this matter;and WHEREAS, the COUNTY and LUSTRO have come to an agreement to settle all differences between them regarding the dispute over funds in the DECEDENT'S Morgan Stanley investment account(s). NOW THEREFORE, in consideration of the preambles set forth hereinabove, the mutual promises set forth herein below, and other good and valuable consideration, receipt of which is hereby acknowledged,the parties hereto agree as follows: 1. The preambles set forth hereinabove are incorporated in and made a part of this agreement. 2. For purposes of this Settlement Agreement only, the parties hereto agree that LUSTRO should receive her $65,000.00 back at a reasonable growth rate of 4.0% interest compounded from October 2004 to and including November 2013; the parties agree that the compounded figure is $92,515.27 and represents a reasonable rate of growth of the $65,000.00 over the stated period of time. 3. The COUNTY agrees to pay 20% of the compounded figure, or $18,503.05, to LUSTRO upon receiving its 20% share of the funds from the Morgan Stanley investment account(s)when liquidated and disbursed. 4. LUSTRO agrees to accept the $18,503.05 as and for full payment for any claims she may have or expect to have upon the COUNTY'S share of the funds, when liquidated, from the DECEDENT'S Morgan Stanley investment account(s),and in return hereby agrees to forever release and forbear any claims against the COUNTY for any claims that she has, may have, or expects to have in the COUNTY'S share of the funds, as set forth by the DECEDENT, in the 2 16K n Morgan Stanley investment account(s) or any other disbursements the DECEDENT may have provided for the COUNTY, including the DISCOVER BANK, upon his death. LUSTRO further agrees to waive any and all claims of any interest in the funds to be disbursed from the DISCOVER BANK to the COUNTY. 5. LUSTRO further agrees that this AGREEMENT and the Release contained herein shall be binding upon her heirs, devisees, agents, assigns, attorneys, lienors, creditors, successors or any other persons or entities that may claim any interest(s)buy,through,under, or against her, forever. 6. This Agreement and Release shall not be changed or modified unless done so in writing and signed by both parties. 7. This Agreement and Release shall be governed by the laws of the State of Florida. 8. This Agreement and Release shall be deemed to be performed in Collier County, State of Florida, and the parties agree that the proper venue for any action hereunder, should that become necessary, shall be in the Twentieth Judicial Circuit Court in and for Collier County, Florida, and the parties hereto submit to the jurisdiction and venue of that Court for purposes of this Agreement and Release. 9. Should enforcement of this Agreement become necessary, the successful party to any such enforcement procedure or action shall be entitled to all costs, fees, and attorney's fees necessary for the same. 10. This Agreement may be executed in counterparts. WHEREFORE,we have placed our hands and seals. [THIS SPACE INTENTIONALLY LEFT BLANK] 3 0 16K10 DATED:This al day of , 2014. � 11�f✓lX ,(_A, GERALDINE LUSTRO STATE OF ILLINOIS ) )SS: COUNTY OF COOK ) The undersigned, being a Notary Public for the State of Illinois, hereby certifies that GERALDINE LUSTRO appeared before me this ? day of 7z , 2014 and is either personally known to me V or produced the following identification: , and after having first been sworn stated that she affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of her knowledge. •�%� i� NO •Y PUBLIC A OR THE STATE OF ILLINOIS Printed Name Commission Expires WITNESS: ROSEMARY JOHNSON Notary ublicl-State of Illinois M commiselon Ex�re. ���� •�ember 10 2017 IT �fi TTORNEY �rssc ,Jr014 (Spell Name) 4 16K10 DATED: Thisk'' day of 5u\A ,2014 BOARD OF COUNTY COMMISSIOMNERS COLLIER COUNTY. FLORIDA Bye_ , • TO► ' NNING, HAIRMAN ATTEST:, DWIGHT BROCK,CLERK By � _.. Adak' �P DEPUTYCL'ERK Attest as to Chairman's signature only. Approved as to form and legal sufficiency: K vin L.Noell,Esq. Assistant County Attorney 5 'y?