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Agenda 11/18/2014 Item # 16K711/18/2014 16.K.7. EXECUTIVE SUMMARY Recommendation to approve a Settlement Agreement reached at mediation in the case styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively reimburse the County for the full amount of damages totaling $33,333. OBJECTIVE: For the Board of County Commissioners to approve a Settlement Agreement, tentatively reached at mediation, in the case styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to reimburse the County for the full amount of damages totaling $33,333.00. CONSIDERATIONS: On September 21, 2012 a large section of the County's gravity, sewer line was impacted with sand in the Las Brisas neighborhood. County staff discovered that the damage to the system was caused, in part, by a home owner's damaged sewer line allowing sand to enter into the County system. County staff also discovered that a large oak tree root bulb, believed to have been planted by the Association, had infiltrated the homeowner's sewer line and started the sequence of events which ultimately lead to the sewer blockage. The County hired a contractor to snake the necessary repairs to its main gravity line and incurred total costs in the amount of $33,333.00. The County was forced to proceed with litigation in order to attempt to recover the damages. On November 10, 2014, the parties attended mediation and tentatively agreed to the terms of the Settlement Agreement requiring the Defendants to collectively reimburse the County for the full arnount of damages totaling $33,333.00. FISCAL IMPACT: Defendants' collective reimbursement to the County for damages totaling $33,333.00 will be credited to the Public Utilities Division, Waste Water Collections Department. GROWTH MANAGEMENT IMPACT• There is no Growth management impact associated with this itern. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. — KLN RECOMMENDATION: For the Board of County Commissioners to approve a settlement agreement reached at mediation in the case styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively reimburse the County for the full amount of damages totaling $33,333.00. PREPARED BY: Kevin L. Noell, Assistant County Attorney Page 1 of 1 Packet Page -2200- 11/18/2014 16.K.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. K. 16. K. 7. Item Summary: Recommendation to approve a Settlement Agreement reached at mediation in the case styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively reimburse the County for the full amount of damages totaling $33,333. Meeting Date: 11/18/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 11/12/2014 11:1 l :03 AM Approved By Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: l 1/] 2/2014 11:25:42 AM Name: IsacksonMark Title: Director -Corp Financial and Mngrnt Svs, Office of Management & Budget Date: 11/12/2014 11:38:33 AM Name: KlatzkowJeff Title: County Attorney, Date: 11 /12/2014 1:17:36 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1 1/12/2014 1:40:47 PM Packet Page -2201- 11/18/2014 16.K.7. 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 pLgree to pay Plaintiff the sum of $ `�1'l.'(,w Cat -y-,6C as full and final settlement of all cl ' s herein and/or relating hereto, to be paid as follows: T �t -73 q;2 J ,r12i�1{ 3. Plaintiff shall execute and deliver to Defendants a full and final release of all claims. Settlement funds shall be tendered within_7�'t) days.,,c'- ttek_' 3 c'u l-cj 11 $. Each parry is to bear its own attorney's fees and costs. uac� 1L` e, n, rn ri n �V7 \ / "I ,Q- 'I { A A ! n�' A i' G .L' ,x71 c Packet Page -2202- 6. 11/18/2014 16.K.7. Plaintiff Defe Kirk Famil t JV Plaintiff's attorney D fen ' 's tt k Family Tax ID Defen Bris ei rood s ociat'on _/Defend ' attorney (Las Brisas) ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: ,Deputy Clerk Tom Henning, Chairman Approved as to form and legality: Kevin L. Noell Assistant County Attorney Packet Page -2203-