Agenda 04/10/2012 Item #16K44/10/2012 Item 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve the settlement prior to trial in the lawsuit entitled Collier
County, Florida Board of County Commissioners v. Oliver Scott Vanoy and Max Stankeveh,
filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 11-
1242-CC to settle a property damage claim for the sum of $12,281.22 and authorize the
Chairman to execute the Settlement Agreement and Release.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by the County
against Oliver Scott Vanoy and Max Stankeveh, for the sum of $12,281.22 and authorize the
Chairman to execute the Settlement Agreement and Release.
CONSIDERATIONS: On February 28, 2010, Max Stankeveh was driving a vehicle owned by
Oliver Scott Vanoy. Mr. Stankeveh negligently struck and damaged a signal cabinet maintained
by Collier County at the intersection of Golden Gate Parkway and Sunshine Blvd. The total
settlement amount is $12,281.22 which is approximately 90% of the total damages of
$13,406.79. Mr. Vanoy's insurance company, Progressive Express, Inc., will provide a check
for the first $4,281.22, which is the remainder of the policy from this accident, and Mr. Vanoy
will pay the $8,000.00 remainder over time including a down payment of $2,000.00 pursuant to
an Agreement reached between the County and Mr. Vanoy.
FISCAL IMPACT: This settlement recaptures approximately 90% of the County's total
damages.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This Settlement Agreement has been reviewed and approved
by the Risk Management Department and County Attorney's Office. This is a reasonable
settlement collecting approximately 90% of the total amount of damages. This item requires
majority vote and is legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to approve settlement of the lawsuit captioned
Collier County, Florida Board of County Commissioners v. Oliver Scott Vanoy and Max
Stankeveh (Case No. I1- 1242 -CC), to settle a property damage claim resulting from an
automobile accident for the total settlement amount of $12,281.22 and authorize the Chairman to
sign a Settlement Agreement and Release.
Prepared by: Colleen M. Greene, Assistant County Attorney
11- 1242 -CC /5304
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4/10/2012 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation to approve the settlement prior to trial in the lawsuit
entitled Collier County, Florida Board of County Commissioners v. Oliver Scott Vanoy and Max
Stankeveh, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 11-
1242-CC to settle a property damage claim for the sum of $12,281.22 and authorize the
Chairman to execute the Settlement Agreement and Release.
Meeting Date: 4/10/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/30/2012 8:52:13 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 3/30/2012 10:10:36 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/30/2012 1:35:24 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/30/2012 2:35:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/30/2012 3:26:06 PM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 4/2/2012 8:29:32 AM
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4/10/2012 Item 16.K.4.
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA — CIVIL DIVISION
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Plaintiff,
V.
OLIVER SCOTT VANOY and
MAX STANKEVEH,
Defendants.
CASE NO.:11- 1242 -CC
SETTLEMENT AGREEMENT ORDER
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY "), and the Defendant OLIVER
SCOTT VANOY (hereinafter "VANOY "), and hereby present to the Court a Settlement
Agreement which settles all matters in controversy between them and which are now pending in
front of this Court, and states to the Court as follows:
1. Without admitting liability for the purposes stated hereinabove, VANOY hereby
agrees to pay to the COUNTY the sum of $12,281.22 payable as follows:
a) $4,281.22 payable from Progressive Express Insurance Company and/or
Alpha Omega Insurance upon the entry of this Order.
b) $2,000.00 payable from VANOY upon the entry of this Order.
C) $6,000.00 payable from VANOY as follows: $100.00 per month payable
each and every month for Sixty (60) months commencing Thirty (30) days
from the entry of this Order.
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4/10/2012 Item 16.K.4.
2. VANOY hereby agrees that should he fail to make any payment as proscribed
hereunder, and should he not cure that default within 15 days after the date the failed payment
was due, the County can apply to the Court to obtain a judgment for any balance due, plus
attorneys' fees and any costs associated with that application, without any objection from him.
3. The COUNTY hereby agrees to forever RELEASE and not seek any Execution of
redress from Progressive Express Insurance Company and/or Alpha Omega Insurance after
receipt of payment as proscribed in paragraph 1 (a) hereinabove.
4. The COUNTY hereby agrees to forego further litigation against VANOY (other
than enforcement of the terms of this Agreement) after receipt of the payment proscribed in
paragraph 1 (b), and if VANOY complies with the terms of paragraph 1 (c).
5. The Parties agree that the Court shall retain jurisdiction for the purposes of the
enforcement of this Agreement.
6. This Settlement Agreement is subject to approval by the Board of County
Commissioners.
This Settlement Agreement is dated this
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal sufficiency:
C��
olleen M. Greene
Assistant County Attorney
day of
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
M
Fred W. Coyle, Chairman
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4/10/2012 Item 16.K.4.
OLIVER SCOTT VANOY
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER )
The undersigned, being a Notary Public for the State of Florida, hereby certifies that
OLIVER SCOTT VANOY appeared before me this day of ,
2012 and is either personally known to me or produced the following identification:
and after having first been sworn stated that
he affixed his signature to the above and foregoing document, and that the statements contained
therein are true and correct to the best of his knowledge.
Conformed copies mailed to:
Colleen M. Greene, Esq.
Eric D. Contreras, Esq.
Judicial Assistant
11- 1242 -CC /5302
NOTARY PUBLIC IN AND FOR THE STATE OF FLORIDA
APPROVED this
Page 3 of 3
Printed Name
Commission Expires
day of , 2012:
HONORABLE EUGENE C. TURNER
COUNTY JUDGE
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4/10/2012 Item 16.K.4.
PROPERTY DAMAGE RELEASE
CLAIM NUMBER: 10-5008329
KNOW ALL MEN BY THESE PRESENT, THAT WE, Collier County Board of County Commission, as
property owner(s), for and in consideration of the sum of Twelve Thousand Two hundred Eighty -One Dollars
22/100 Cents and ($12,281.22), the receipt of which is hereby acknowledged, do /does hereby for
myself /ourselves, and for my /our heirs executors, administrators, successors and assigns release and forever
discharge Oliver Scott Vanoy and Max Stankeveh from any and all claims, actions, causes of action, demands,
damages, costs, and any compensation whatsoever, which the undersigned now has/have or which may
hereafter accrue for damages to property, including any claims for loss of use, diminution in value or other
personal property, arising out of an accident which occurred on or about February 28, 2010, at or near Golden
Gate Parkway at the intersection of Sunshine Blvd., Naples, Collier County, Florida.
It is understood and agreed that this settlement is voluntarily accepted and is in full compromise of a disputed
claim as to questions of liability and as to the nature and extent of property damages. Further, neither this
release, nor the payment pursuant hereto, shall be construed as an admission of liability, such being denied.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
Executed at (Address), this (Date) of (Month), 20
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk
roved as to form and legal sufficiency:
&oLlleen M. Greene
Assistant County Attorney
Print Name
Oliver Scott Vanoy
Signature
Witness Date
Form 3652 (03/07)
Fred W. Coyle, Chairman
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Date