Agenda 09/22/2015 Item #16K6 9/22/2015 16.K.6.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to accept the settlement offer of
$7,731.79, and to authorize the Chairman to execute a Release for property damage, in the
lawsuit styled Collier County Board of County Commissioners, Collier County, Florida v.
Michael H. Chalfin and Tyler R. Chalfin, filed in the County Court of the Twentieth
Judicial Circuit, in and for Collier County,Florida, case number 2014-CC-1729-001.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to
accept the settlement offer of$7,731.79, which includes full recovery of the County's damages
and legal costs, and to authorize the Chairman to execute a Release for property damage, in the
lawsuit against Michael H. Chalfin and Tyler R. Chalfin in the County Court of the Twentieth
Judicial Circuit, in and for Collier County, Florida.
CONSIDERATIONS: On March 17, 2014, Tyler R. Chalfin was operating a vehicle, owned by
Michael H. Chalfin, on Santa Barbara Boulevard in Collier County. The vehicle approached the
intersection with Golden Gate Parkway, travelled through a red light and subsequently crashed
into a County-owned vehicle and road sign. As a result of the crash, the County incurred
damages of$7,348.79. As all attempts at pre-suit recovery were denied, the Board authorized
the County Attorney to proceed with filing a lawsuit to recover the damages incurred. The
County filed suit on December 11, 2014. The settlement amount now offered includes the full
recovery of the damages incurred by the County, and also the subsequent legal costs.
FISCAL IMPACT: There is no fiscal impact associated with this item as the settlement
amount is for actual damages and legal costs.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - KN
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to accept the settlement amount of$7,731.79 and the Chairman to execute a Release for
property damage, in the lawsuit filed against Michael H. Chalfin and Tyler R. Chalfin, in the
County Court of the Twentieth Judicial Circuit, in and for Collier County, Florida.
PREPARED BY: Kevin L. Noell. Assistant County Attorney
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9/22/2015 16.K.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.6.
Item Summary: Recommendation to authorize the County Attorney to accept the
settlement offer of$7,731.79, and to authorize the Chairman to execute a Release for property
damage, in the lawsuit styled Collier County Board of County Commissioners, Collier County,
Florida v. Michael H. Chalfin and Tyler R. Chalfin, filed in the County Court of the Twentieth
Judicial Circuit, in and for Collier County, Florida, case number 2014-CC-1729-001
Meeting Date: 9/22/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
9/15/2015 3:43:51 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: Noel]Kevin
9/15/2015 3:43:52 PM
Approved By
Name: WalkerJeff
Title: Division Director-Risk Management. Administrative Services Department
Date: 9/15/2015 3:52:41 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 9/15/2015 4:52:23 PM
Name: lsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/16/2015 8:43:45 AM
Name: KlatzkowJeff
Title: County Attorney,
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9/22/2015 16.K.6.
Date: 9/16/2015 10:45:05 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/16/2015 11:21:39 AM
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9/22/2015 16.K.6.
RELEASE OF PROPERTY DAMAGE CLAIM
Claim Number: 0268143190101118 Adjuster Code: J569L
The undersigned is over the age of 18 and has authority to execute this document on behalf of all
persons or entities entitled to make a property damage claim arising out of the motor vehicle accident
identified below.
The undersigned, in consideration for payment of Seven Thousand Seven Hundred Thirty-One and
79/100 dollars ($7,731.79), forever releases, acquits and discharges Michael Chaffin, Tyler Chalfin, and
GEICO General Insurance, their agents, servants, successors, heirs, executors, administrators, persons,
firms, corporations, associations or partnerships, of and from any and all property damage claims and/or
causes of action for property damage, which now exist and/or which may accrue on account of, or in any
way arising out of, the motor vehicle accident that occurred in Collier County, Florida on or about
Thursday, March 13, 2014.
This settlement is a compromise of a disputed claim. Payment is not an admission of liability. The parties
hereby released deny any and all liability to the undersigned upon all claims which have been asserted or
might hereafter be asserted pertaining to the aforementioned motor vehicle accident.
It is understood and agreed that all liens which may be outstanding against the property for which this
settlement is made will be satisfied from the aforementioned sum and that no other provision of any
nature whatsoever has been made for the payment of such liens, and that the undersigned will indemnify
and hold harmless the released parties for all such liens.
The undersigned voluntarily accepts the sums offered for the purpose of making a full and final settlement
and acknowledges that no promise, inducement, representation or agreement not contained in this
document has been made to the undersigned or his/her representative, that this Release contains the
entire agreement between the parties to this Release, and that the terms of this Release are contractual
and not a mere recital. The undersigned acknowledges reading and understanding this Release.
Each party to this Release is responsible for their own attorneys fees and costs, if any.
THIS IS A RELEASE FOR CLAIMS OF PROPERTY DAMAGE, ONLY.
Any person who knowingly and with intent to injure,defraud, or deceive any insurer,files a statement of
claim containing any false, incomplete or misleading information is guilty of a felony of the third degree.
Board of County Commissioners of
Collier County
STATE OF FLORIDA
COUNTY OF
On the day of ,2015, before me personally appeared ,who
voluntarily executed this document, under oath.
My Commission Expires:
Document produced:
(Print, Type, or Stamp Name of Notary Public Or personally known
09/08
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