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Agenda 01/14/2014 Item # 16K1 1/14/2014 16.K.1 . EXECUTIVE SUMMARY Recommendation to approve the proposed Settlement Agreement reached by the parties in the lawsuit styled Board of County Commissioners of Collier County, Florida, v. Timothy Hilts, Case No. 12-4482-CA, filed in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $30,094, and to authorize the Chair to execute the proposed Settlement Agreement. OBJECTIVE: Recommendation to approve the proposed Settlement Agreement in the lawsuit filed by the Board of County Commissioners against Timothy Hilts, for the sum of$30,094.00 and authorize the Chair to execute the proposed Settlement Agreement. CONSIDERATIONS: The incident occurred on April 17, 2012, while Mr. Hilts operated his vehicle on Vanderbilt Beach Road. Mr. Hilts accelerated aggressively, causing his vehicle's wheels to lose traction and subsequently lose control of his vehicle. The vehicle crashed into a County-owned and maintained fire hydrant. The damage to the fire hydrant caused a massive water flow across Vanderbilt Beach Road and extensive damage to the nearby sidewalk. As a result, the County incurred damages in the amount of$29,649.00 for repair to the fire hydrant, sidewalk and street, plus $445.00 in litigation costs. GEICO, on behalf of Mr. Hilts, has agreed to contribute the full insurance policy amount of$10,000.00 to the settlement and Mr. Hilts has agreed to pay the difference of $20,094.00 to the County, via a $1500.00 down payment and monthly payments of$250.00, until the debt is paid in full. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires majority support for approval. -KLN RECOMMENDATION: The County Attorney's Office has reviewed this proposed Settlement Agreement with the Risk Management Department and recommends that the Board of County Commissioners approve this proposed Settlement Agreement and the Chair execute the same. Prepared by: Kevin L. Noell, Assistant County Attorney 12-4482-CA/I09 Packet Page -1515- 1/14/2014 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve the proposed Settlement Agreement reached by the parties in the lawsuit styled Board of County Commissioners of Collier County, Florida,v.Timothy Hilts, Case No. 12-4482-CA, filed in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of$30,094, and to authorize the Chair to execute the proposed Settlement Agreement. Meeting Date: 1/14/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 12/19/2013 2:11:00 PM Submitted by Title: Attorney of Record(CAO) Name: NoellKevin 12/19/2013 2:11:02 PM Approved By Name: NoellKevin Title: Attorney of Record (CAO) Date: 12/19/2013 3:07:52 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/20/2013 9:16:40 AM Name: KlatzkowJeff Title: County Attorney Date: 12/20/2013 9:46:45 AM Name: OchsLeo Title: County Manager Packet Page-1516- 1/14/2014 16.K.1 . Date: 1/6/2014 9:07:24 AM Packet Page -1517- 1/14/2014 16.K.1 . RELEASE AND SETTLEMENT OF CLAIMS THIS RELEASE AND SETTLEMENT OF CLAIMS Agreement ("Agreement") is entered into and made on this day of , 2013 by and between Timothy Hilts,("Hilts")and Board of County Commissioners for Collier County("County"). WITNESSETH: WHEREAS, on April 17, 2012 a vehicle driven and owned by Mr. Hilts struck and damaged a fire hydrant, sidewalk, and street maintained by County, causing damages in the amount of$29,649; and WHEREAS, County filed a lawsuit on December 19, 2012, Collier County v. Timothy Hilts, Case No. 12-4482-CA, in order to seek reimbursement for the damages caused by Hilts and his vehicle, as well as$445 in litigation costs, with no interest; and, WHEREAS, County and Hilts desire to reduce their settlement to a writing so that it shall be binding upon them as well as their 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 Release and Settlement of Claims Agreement, and with the intent to be legally bound,County and Hilts agree as follows: 1. County and Hilts adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses",by reference into this Release and Settlement of Claims 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 consideration of the sum of Twenty-Nine Thousand Six Hundred Forty-Nine Dollars and 00/100 Packet Page-1518- 1/14/2014 16.K.1 . ($29,649.00) and Four Hundred Forty-Five Dollars and 00/100 ($445.00) for litigation costs, for a total sum of Thirty Thousand Ninety-Four Dollars and 00/100 ($30,094.00), County agrees to dismiss the Lawsuit with prejudice. 3. Hilts hereby admits liability to the County for damages it sustained, as a result of Hilts' negligent driving on April 17, 2012, and the amount of damages he caused to be in the amount of$29,649.00. 4. GEICO, on behalf of insured, Timothy Hilts, has agreed to contribute $10,000.00 to the settlement amount, which reflects the policy limit of applicable insurance. 5. Hilts agrees to pay the difference of $19,649.00 plus $445.00, for a total of $20,094.00 to Collier County. 6. The County agrees to accept a down payment of $1500.00 and a payment of $250.00 per month, commencing on iei varr 1,Jag, and continuing each month thereafter on or before the i S+-of each of the succeeding months until paid. Hilts shall forward all payment to the Risk Management Department of the County. The County further agrees that as long as Hilts makes timely payments, it will not take any measures available to it to execute on or otherwise enforce the entered judgment. 7. Should Hilts fail to make one timely payment, the County shall, at its discretion, accelerate all payments remaining and apply to this Court without notice to Hilts, and seek to begin executing on the Judgment for the remaining balance, including legal interest from the date of entry. 8. Upon Hilts paying this Judgment in full, the County shall file and cause to be recorded a full satisfaction of judgment in favor of Hilts. 2 Packet Page -1519- 1/14/2014 16.K.1 . 9. The Parties agree that the Twentieth Judicial Circuit in and for Collier County, Florida, in Naples, Florida, shall retain jurisdiction for the purposes of the enforcement of this Agreement. IN WITNESS WHEREOF, Hilts, and the County have signed and sealed this Release and Settlement of Claims Agreement as set forth below. Date: ` as 1 Gibl ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Georgia A. Hiller, Esq., Chairwoman Approved as to form and By: legal sufficiency: Timo Hilts Kevin L.Noell Assistant County Attorney j l By ) Brett A. Gelman,Esq. Attorney for Defendant STATE OF II a COUNTY OF .� I . This Release and Settlement Claims Agreement was sworn to and subscribed by Timothy �� Hilts, before me on this c day of`\NO. YVIV/ , 2013. 3 Packet Page -1520- 1/14/2014 16.K.1 . Personally Known of Notary Public or j Produced Identification ✓ W - _ la,D(f u Lt i , 4 i �°80`6 Commissioned Name of Notary Public Type of Identification Produced (Please print,type or stamp) My Commission expires:-4X% aoly �`'"� IVETTE A NAL • .State of Florida My Comm.Notary Public p Expires Ap ESPf 22,2014 or F,°¢,° Commission#00 984507 4 Packet Page-1521-