Agenda 05/23/2017 Change SheetProposed Agenda Changes
Board of County Commissioners Meeting
May 23, 2017
Withdraw Item 16A19: Recommendation to approve an Agreement for Special Magistrate
Services for Code Enforcement with the law firm of Patrick Neale & Associates. (Staff’s request)
Move Item 17B to Item 9A: This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be
sworn in. Recommendation to approve Petition VAC-PL20170000440 to disclaim, renounce and
vacate the County and the public interest in a portion of the 60-foot wide road right-of-way known
as 25th Avenue Northwest, approximately 665 feet in length, being a part of Tracts 1, 2 & 3, Golden
Gate Estates Unit No. 21, Plat Book 7, Page 81 of the Public Records of Collier County, Florida. The
subject road right-of-way is located west of 8th Street Northwest, just north of Immokalee Road in
Section 21, Township 48 South, Range 27 East, Collier County, Florida. (Commissioner McDaniel’s
request)
Item 16K10: Recommendation to authorize the County Attorney to pursue an Appeal in the
Eleventh Circuit Court of Appeals in the litigation styled Collier County v. Holiday CVS, LLC and
RTG, LLC, against one party, Realty Trust Group, LLC, and to settle the litigation with Holiday
CVS, LLC.
The County Attorney requests two changes be made to the Settlement Agreement with CVS on Item
16K10. Pursuant to agreement of the parties, the language “Underlying Condemnation Action”
appears in two places in Paragraph 2 of the Settlement Agreement, and it should be removed in both
places.
2. Mutual Release. The Parties shall mutually release each other and their respective successors,
assigns, servants, affiliates, subsidiaries, divisions, parents, predecessors, employees, agents, independent
contractors, consultants, affiliates, officers, directors, members, attorneys, and all other persons,
partnerships, firms, corporations or legal entities of whatsoever kind or nature in privity therewith, who
are or might be liable in any way, from any and all claims, actions, causes of action, legal, equitable or
administrative proceedings, demands, rights, damages, losses, relief of whatsoever kind or nature, costs,
expenses, fees and compensation whatsoever, which the Parties now have or which may hereafter accrue
on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen,
developed and undeveloped damage(s) or loss(es) and the consequences thereof resulting from the
Underlying Condemnation Action, Action, Fee Claim and Appeal, from the beginning of the world to the
date this agreement is last signed including, but not limited to, all claims which were asserted or could
have been asserted, and all relief sought or that could have been sought in the Action. In making this
release, the Parties agree they had the advice of counsel in so doing, and do so freely and voluntarily. It is
also understood that the settlement terms under this Agreement are not construed as an admission of
liability, but as a compromise of the Underlying Condemnation Action, Action, Fee Claim and Appeal.
5/25/2017 8:51 AM