Backup Documents 11/18/2014 Item #16K7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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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 11/18/14
4. BCC Office Board of County b - :s 5t.=k -e
Commissioners \(1\(�Sj
5. Minutes and Records Clerk of Court's Office Rm
t 2(O2J1' 3,2q
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, ssistant County Attorney Phone Number 252-8400
/
Contact/ Department
Agenda Date Item was 11/18/14 Agenda Item Number 16-K-7
Approved by the BCC
Type of Document Settlement Agreement—Kirk Family Trust Number of Original 1 + related releases
Attached Documents Attached
PO number or account (Only when the document is to be recorded
number if document is in the Public Records)
to be recorded Y Y�
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 11/18/14 and all changes made during KN 3p 3r=
the 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 byte
BCC, all changes directed by the BCC have been made,and the document is ready f the ,�C = nA
Chairman's signature. `, K,1V
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
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MEMORANDUM
Date: December 3, 2014
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement— Kirk Family Trust
Attached is certified copy of the document referenced above, (Agenda Item #16K7)
approved by the Board of County Commissioners on Tuesday, November 18, 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 252-8411.
Thank you.
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
v. Case no: 13CA-1490
THE KIRK FAMILY TRUST,BY AND
THROUGH ALAN KIRK,TRUSTEE
and KATHLEEN CORBETT KIRK,
TRUSTEE, and THE LAS BRISAS
NEIGHBORHOOD ASSOCIATION, INC.,
Defendants.
MEMORANDUM OF SETTLEMENT
On November 10,2014 and pursuant to the parties stipulation/Court Order, a
Mediation was conducted and a settlement was reached as set forth below:
1. This claim has been amicably resolved between the Plaintiff and Defendants and
Plaintiff agrees to file a Dismissal With Prejudice of all claims.
2. Defendants .gree to pay Plaintiff the sum of$ A A _ *k. , t j cd-,-A
a_0It r d/ . di_I /v °'e. $ 3S, 3 3.3.00)
as full and final settlement of all cl.• s herein and/or relati g hereto,to be paid as
follows: n
Kiri 1 j t Ti_v.t��4. ctl, rohnL, pay 1' �Ginh 49,5,7.3 3. ?,
1�)f icy ,hayhcc3 �g c. shrttl {zitPtutAhce A It C)0.0(,)UU ne
3. Plaintiff shall execute and deliver to Defendants a full and final release of all
claims. Settlement funds shall be tendered within days.,,o� G3 r�ctld Ole ccvcc,
4. Each party is to bear its own attorney's fees and costs. 99
5.
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Plaintiff's attorney D.fen, itk Family
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Defenda 0. attorney(Las Brisas)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DUIGHT .E:;`,' ROCK, CLERK COLLIER COUNTY, FLORIDA
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Attest as stmt uty Clerk '.m .enning, Chairman
1SIVyas' to form and legality:
Kevin L. Noell
Assistant County Attorney
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GENERAL RELEASE AND SETTLEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that THE BOARD OF
COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ("THE
BOARD") in consideration of payment of twenty-five thousand, eight hundred and
thirty three dollars and thirty three cents ($25,833.33), paid to the "The Board of
County Commissioners, Collier County, Florida," the receipt, adequacy and
sufficiency of which is hereby acknowledged, voluntarily and knowingly executes
this Release with the express intent of effecting the extinguishment of obligations
as designated in this Release.
THE BOARD, with the intention of binding their past and present agents,
employees, assigns, predecessors in interest and successors in interest, attorneys,
heirs, representatives and executors hereby irrevocably and unconditionally
releases and forever discharges THE KIRK FAMILY TRUST, BY AND
THROUGH ALAN KIRK, TRUSTEE AND KATHLEEN CORBETT KIRK,
TRUSTEE ("THE KIRK FAMILY TRUST") their heirs, executors,
administrators, successors, attorneys, assigns, agents and representatives from any
and all claims, including any claims for attorney's fees, and costs, which the
undersigned now has, owns or holds or claims to have, own or hold (collectively
"the Claims"), which are in any way related to: (1) any and all claims of
negligence resulting from events that occurred during the period March 25, 2012
through September 21, 2012, (2) any of the allegations or claims against THE
KIRK FAMILY TRUST, alleged in Case Number 11-2013-CA-001490-00001-
XX, which was filed by THE BOARD, in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida and (3) any conduct, actions or
omissions by THE KIRK FAMILY TRUST relating to or arising out of categories
(1)- (2) above.
THE BOARD, acknowledges and agrees that subsequent to the execution of
this Release, it may discover Claims which were unknown or unanticipated at the
time this Release is executed and which, if known, might have materially affected
the decision to enter into this Release. THE BOARD, further acknowledges and
agrees that by signing this Release, it is assuming the risk of such unknown
Claims and agree that this Release applies fully thereto.
THE BOARD, acknowledges and agrees that this Release is in compromise
of disputes between THE BOARD and THE KIRK FAMILY TRUST, and this
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Release shall not be considered by THE BOARD, or any third party as an
admission of the truth or validity of any claim against THE KIRK FAMILY
TRUST made by THE BOARD. THE KIRK FAMILY TRUST has denied and
continues to deny any liability or wrongdoing in connection with the claims made
by THE BOARD.
THE BOARD acknowledges and agrees that this Release sets forth the
entire agreement between THE BOARD and THE KIRK FAMILY TRUST, and
supersedes any and all prior agreements or understandings pertaining to the
subject matter hereof. No change, modification, or amendment of this Release
shall be binding unless made in writing and executed by the undersigned THE
BOARD.
THE BOARD, acknowledges and agrees that the laws of the State of Florida
shall govern the validity, interpretation, performance and enforcement of this
Release. Should any part, term or provision of this Release be declared or
determined by any court to be illegal or invalid, the validity of the remaining part,
terms or provisions shall not be affected thereby and said illegal or invalid parts,
terms or provisions shall be deemed not to be part of this Release.
The undersigned represents and warrants that: (1) THE BOARD has
carefully read and understands the scope and effect of each provision contained in
this Release and has voluntarily entered into this Release; (2) THE BOARD did
not rely and has not relied upon any representation or statement made by THE
KIRK FAMILY TRUST or any of their representatives regarding the subject
matter, basis, or effect of this Release other than those representations specifically
set forth in this Release; (3) THE BOARD has consulted with independent counsel
of its own choice throughout all of the negotiations which have preceded the
execution of this Release; (4) THE BOARD is executing this Release without any
duress or undue influence; and (5) THE BOARD has not heretofore, voluntarily,
by operation of law or otherwise transferred, sold, gifted, assigned, pledged,
hypothecated or otherwise disposed of or purported to transfer, sell, assign,
pledge, hypothecate, gift or otherwise dispose of, either directly or indirectly, any
of the Claims or any part or portion thereof to any other person or entity.
This Release shall become effective upon its execution by THE BOARD,
the undersigned. A facsimile signature may be equally binding as an original
signature.
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SIGNED, SEALED& DELIVERED CAUTION READ BEFORE SIGNING
IN THE " b ENCE OF:
1 � ,
!V 1 1
Witn-.s
Jr REPRESENTA' IVE
BOARD OF COTY
Witn; s COMMISSIONERS, COLLIER
COUNTY FLORIDA
STATE OF FLORIDA )
):ss
COUNTY OF )
I HEREBY CERTIFY that on this day before me, an officer duly authorized
to take acknowledgments,� personally appeared Ca�,� �,v , who is:
1/ personally known to me, or
produced identification
Type of ID produced:
and she acknowledged before me that ia executed the same freely and voluntarily
for the purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid,this
2014.
YIRGINNA,A.NEST
Notary c-!Efate of
•: :• My Comm.Exp r « /
iJ�1X11. QPM Comm- _e _ /0 a•
,,'"'"�,,,�� a"°" voT4t NO ARY PUBLIC, State of Florida
My Commission expires: ic,\-7-At--`
This Release and Settlement Agreement is signed - • . ;,.- � ►,�� a 4.
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zo \ Notary Public•State of Florida
• • __My Comm.Expires Jun 23,2017
legality.
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Approved as to form and , :;,,;�;,.. Bonded Through National tfolu Aun.
Kevin L. Noell ATTEST: p,,, ItiPe
Assistant County Attorney DWI T E. 610 ClerkPage 3 of .• N•
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Attest as to Cbairmai $
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GENERAL RELEASE
The undersigned, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FL,hereby acknowledges that for and in consideration of receipt of payment in the total sum of
SEVEN THOUSAND FIVE HUNDRED dollars and 00/100 ($7,500.00) does hereby release,
acquit, exonerate and forever discharge THE LAS BRISAS NEIGHBORHOOD
ASSOCIATION, INC., their agents, employees, employers, successors, legal representatives
and/or assigns from any and all actions, causes of action, claims and demands, damages, costs,
loss of services, expenses, and any compensation whatsoever, all which the undersigned now has
or which may hereafter accrue on account of or in any way connected or associated with the
incident that occurred on or around September 21, 2012, at 3 Las Brisas Way, Naples, Collier
County, FL, and is the subject of and contained in the lawsuit filed in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida under Case No. 2013-CA-001490
(collectively referred to as "the subject claim"), including, but not limited to, any and all claims
for negligence and any other claim(s) which was raised or could have been raised at any time, specifically
including all expenses thatthe BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FL
has incurred or may incur in the future, whether the same are now known or currently unknown, expected or
unexpected,or have already occurred or developed or may be latent or may in the future occur or develop.This
release of all claims includes a release of all claims for attorney's fees and costs which may have been incurred
during this lawsuit.
It is expressly understood and agreed that the acceptance of the consideration recited
above is the full, complete, and entire consideration for this release, and there is no agreement,
oral or written, express or implied, whereby the undersigned is to receive at any time or in any
fact, circumstance, or condition, any further consideration of any kind whatsoever from THE
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LAS BRISAS NEIGHBORHOOD ASSOCIATION, INC., their agents, servants, employees,
employers, successors, legal representatives and/or assigns for or on account of any other matter,
circumstance or thing whatsoever.
It is further expressly understood and agreed that this release is given in full accord and
satisfaction of a disputed claim and that the payment of the consideration recited above is not an
admission of liability.
The undersigned, on behalf of the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FL, warrants that he or she is duly authorized to execute this Release, is of
legal age, under no disability, has relied upon his or her own judgment, or has relied upon the
advice and representation of counsel of his or her own selection and has read and fully
understands the Release.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal to this
Release this 2-sr-t4s day of—'c:)e.� _\c7c3v.—' , 2014.
,"• 11 EstitYpric,
For a BOAR OF C NTY COMMISSIONERS, ,a
COLLIER COUNTY e'L • a
;tt5t as fo 4npirman s,
STATE OF FLORIDA ) signature only.
COUNTY OF )
I HEREBY CERTIFY that on this day, Tor— VAe-r‘`n�`nq on
behalf of the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FL,
personally appeared before me, an officer duly authorized to administer oaths and take
acknowledgments, who is personally known to me or who has produced
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1 6 K 7
Y1/0. as identification and who, under oath, executed
the foregoing Release freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal at said County and State this-v-, day of
1-.)-e-c-r-rn\oe>r-- , 2014.
1c_Q. 7(4-e-d-
...,
Notar Public, State of Florida
A.NUT
,Ry° 'y At Large
4 NMMy -MI6 of Florida 1 g
My Coma, Jun 23,20' .
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Approved as to form and legality.
-/e__!/-,c)1
Kevin L. Noell
Assistant County Attorney
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