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Backup Documents 01/26/2016 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 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#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 '64,-\ 2/1/16 \flq // 4. BCC Office Board of County Commissioners (,4 5. Minutes and Records Clerk of Court's Office `fin 2(14 (rt. 3:15fir, 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,As istant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 1/26/16 Agenda Item Number 16-K-2 Approved by the BCC Type of Document Settlement Agreement-Wilens- • 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? 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 1/26/16 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. r 9. Initials of attorney verifying that the attached document is the version approved by th KN BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. a. 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 MEMORANDUM Date: September 24, 2015 To: Kevin Noell, Assistant County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement— Madeline Wilens Attached is a scanned copy of the document referenced above, (Agenda Item #16K2) approved by the Board of County Commissioners on Tuesday, January 26, 2016. 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 2 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on this ` day of jan LA al( , 2016, by and between MADELINE WILENS, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as the "County"). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Madeline Wilens v. Collier County, Case No. 14-CA-001574 (hereinafter referred to as the "Lawsuit"); and WHEREAS, Plaintiff and the County, without either party admitting any liability or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce the settlement to a writing so that it shall be binding upon both parties' respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns,heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in [14-1574-CA/1230273/1] 1 16K a consideration of the sum of Forty-Five Thousand and 00/100 ($45,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with Prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement, Plaintiff and the County agree that either 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 the terms and conditions of this Agreement. 5. Plaintiff and the County acknowledge and agree that this Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and affiliates. 6. Plaintiff and the County recognize and acknowledge that this Agreement memorializes and states a settlement of disputed claims and nothing in this Agreement shall be [14-1574-CA/1230273/1] 2 16K 2 construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this 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. 8. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 9. In the event of an alleged breach of this Agreement, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further 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. This Agreement shall be governed by the laws of the State of Florida. 11. Plaintiff shall be solely responsible for payment and satisfaction of any liens, medical bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries and/or damages suffered from the incident described in the Lawsuit. IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS [14-1574-CA/1230273/1] 3 16K 2 OF COLLIER COUNTY, FLORIDA ` By: �- ,... ,r, By: PePut TIM-NAN , Chairman 1/26/16 Attest as to Chairman's p DONNA FIALA signature only. v ;, Approved as to form and legality: 7'4) ", Kevin L. oell Assistant County Attorney AS TO PLAINTIFF: By:\ MADILINE WILENS, Plaintiff STATE OFFLORIDA COUNTY OF 'V Sworn to (or affirmed) and subscribed bepre me this L1 ' - day of _50. f ,4 12016, by MADILINE WILENS, who is ( V ) personally known to me or ( ) produced as identification. Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Commissioner Expires ,.• +. . KIM M.BERNTSEN 14,1 MY COMMISSION#EE 828549 .0? EXPIRES:December 21,2016 Bonded ibm Notary Public Underwriters [14-1574-CA/1230273/1] 4