Backup Documents 09/11-12/2012 Item #16K 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines #I through #4. complete the checklist. and forward to Sue Filson (line #5) .
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
September 11, 2012
Agenda Item Number
16K4
2.
Original document has been signed/initialed for legal sufficiency. (All documents to be
CMG
3.
Three Settlement Agreement Orders; Three
Number of Original
Six (6)
4.
Releases
Documents Attached
5. Ian Mitchell, Executive Manager
Board of County Commissioners
lo�
177(2
6. Minutes and Records
Clerk of Court's Office
to
(W(2—
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Colleen Greene, ACA
Phone Number
X8400
Agenda Date Item was
September 11, 2012
Agenda Item Number
16K4
Approved by the BCC
Original document has been signed/initialed for legal sufficiency. (All documents to be
CMG
Type of Document
Three Settlement Agreement Orders; Three
Number of Original
Six (6)
Attached
Releases
Documents Attached
[Collier County v. Paul Prans ]
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
ap ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
CMG
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
CMG
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on September 11, 2012 and all changes
CMG
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16K 4
MEMORANDUM
Date: October 8, 2012
To: Colleen Greene
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement Order & Release
Collier County v. Paul Pransky
Enclosed please find two originals referenced above (Agenda Item #16K4),
which was approved by the Board of County Commissioners on Tuesday,
September 11, 2012.
Please forward a copy of the fully executed Settlement Agreement Order
once signed by the Judge to the Minutes & Records Department so that it
can be a complete part of the Board's Official Records.
If you have any questions, please call me at 252 -7240.
Thank you.
16K 4 "'
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Plaintiff,
V.
PAUL R. PRANSKY,
Defendant.
Case No.: 10- 3654 -CC
SETTLEMENT AGREEMENT ORDER
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY "), and the Defendant PAUL R.
PRANSKY, (hereinafter the "PRANSKY "), and hereby present to the Court a Settlement
Agreement which settles all matters in controversy between them and which are now pending
and that may arise in the future between them, in front of this Court, or any other Court of
competent jurisdiction, and state to the Court as follows:
1. Without admitting liability for the purposes stated hereinabove, PRANSKY
hereby agrees to pay, or cause to be paid, to the COUNTY the sum of $3,500.00, U.S. Dollars.
2. The parties hereto, for full and adequate consideration, receipt of which is hereby
acknowledged, hereby agree and mutually covenant to now, hereinafter, and forever release each
other from liability for any damages either may now claim, or claim in the future, from the
incident occurring on August 29, 2007 at approximately 1:56 P.M. at U.S. 41 AND SR90 in
Collier County, Florida whereat the PRANSKY vehicle and a maintenance vehicle of the
COUNTY were involved in an accident.
3. The parties hereto also mutually agree that this Settlement Agreement and the
releases contained herein shall be binding on all assigns, successors, heirs, agents, transferees,
trustees, or other representatives that either now exist or may come into existence in the future
for, or on behalf of, either of parties hereto.
Board of County Commissioners Page 1 of 2
Collier County, Florida v. Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
4. The COUNTY agrees to dismiss its action, with prejudice, in consideration of the
execution of this Agreement, and for the covenants contained herein.
5. This Settlement Agreement is subject to approval by the Board of County
Commissioners in public session.
6. Upon execution by all parties and approval of this Court, this action is dismissed
with prejudice.
This Settlement Agreement is dated this day of 5 py ,�)� , 2012.
ATTEST, .
DWIGHT E. BROCK, C ERK
Atte AS to Ctttti�e�puty C k
}1gri84urir'e 0-4
Approved as to form and legal sufficiency:
"&17i� &A-C-
Colleen M. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairma _,)
14, f�
GARY A. RALPH, ESQ.,
Attorney for Paul R. Pransky (Deceased)
APPROVED this day of , 2012:
VINCE MURPHY
COUNTY COURT JUDGE
Conformed copies mailed to:
Colleen M. Greene, Esq.
Gary A. Ralph, Esq.
Judicial Assistant
Board of County Commissioners Page 2 of 2
Collier County, Florida v. Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
16K 4
Claim No. 2624009276.1 BMM
Release
FOR AND IN CONSIDERATION of the payment to me at this time of the sum of THREE THOUSAND FIVE
HUNDRED AND 00/100 DOLLARS ($3,500), the receipt and sufficiency of which is hereby acknowledged, I do
hereby and by these presents, for myself, my heirs, my personal representatives, successors and assigns fully
acquit, release and forever discharge PAUL R. PRANSKY and ALLSTATE INSURANCE COMPANY,
successors and assigns, of and from any and all actions, causes of action, claims, demands, damages, costs,
expense and compensation, including any damages incurred by me as a result of any action or claim by any third
party or parties for damage to their property on account of, or in any way growing out of, any and all known and
unknown property damages to the 2007 Ford, VIN: 1 FDAF57P37EB26056 and the consequences thereof,
including loss of use, to result from that certain accident that occurred on or about Wednesday, August 29,
2007, at or near U.S. 41 and SR90 in Collier County, Florida..
It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, more
particularly described in the action pending in the County Court of the Twentieth Judicial Circuit, in and for Collier
County, FL, Case No. 10 -3654 CC, and that payment is not to be construed as an admission of liability on the
part of PAUL R. PRANSKY and ALLSTATE INSURANCE COMPANY, by whom liability is expressly denied. I
hereby direct my attorneys of records to dismiss the property damage claim with prejudice.
This release contains the entire agreement between the parties hereto, and the terms of this release are
contractual and not a mere recital.
Release Property Damage Page 1 of 2
16K
Claim No. 2624009276.1 BMM
I further represent that I have read and understand this Release.
(Caution: Read Before Signing)
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, °Clerk of
Courts of Collie County,, Florida
By:
"IJC , ULy "C.ICI -K
DATA' �EJ 2, f)�
Attest as ° a i
Approved as to Legal Form and Sufficiency:
UXX40�) Pw4'(—V-
COLLEEN M. GRE NE, ESQ.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLTRqCOUNTY, FLORID
By: I -
FRED W. COYLE, Chairman
PAUL R. PRANSKY /ALLSTATE INSURANCE COMPANY:
BY: 6w
Signature
WITNESSES:
Signature
Printed Name
BY: Gary R. Ralph, Esq., attorney for Paul R. Pransky, Signature
(Deceased) Printed Name /Title
Printed Name
ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER
FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR
MISLEADING INFORMATION IS GUILTY OF A FELONY IN THE THIRD DEGREE.
Release Property Damage
.Page 2 of 2
4
16K 4
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
DATE: October 16, 2012
TO: Martha Vergara, Deputy Clerk
Minutes & Records Department
FROM: Sandra Herrera, Certified Paralegal to:
Colleen M. Greene, Assistant County Atto
SUBJECT: BCC v. Paul R. Pranksy
Case No. 10- 3654 -CC
Attached is an original fully executed Settlement Agreement Order for the September 11, 2012,
Board of County Commissioners approved item #16K4. Please make the attached original
agreement as part of the Board's Official Records. Please note the agreement was not executed
by Judge Murphy. As stated in Judge Murphy's October 11, 2012, letter attached hereto, he does
not believe court approval is required.
If you have any questions, please do not hesitate to call me at 252 -8401. Thank you.
Attachments as stated
08.0177/4142
16K 4'
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Plaintiff,
V.
PAUL R. PRANSKY,
Defendant.
Case No.: 10- 3654 -CC
SETTLEMENT AGREEMENT ORDER
COMES NOW the parties hereto the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY "), and the Defendant PAUL R.
PRANSKY, (hereinafter the "PRANSKY "), and hereby present to the Court a Settlement
Agreement which settles all matters in controversy between them and which are now pending
and that may arise in the future between them, in front of this Court, or any other Court of
competent jurisdiction, and state to the Court as follows:
1. Without admitting liability for the purposes stated hereinabove, PRANSKY
hereby agrees to pay, or cause to be paid, to the COUNTY the sum of $3,500.00, U.S. Dollars.
2. The parties hereto, for full and adequate consideration, receipt of which is hereby
acknowledged, hereby agree and mutually covenant to now, hereinafter, and forever release each
other from liability for any damages either may now claim, or claim in the future, from the
incident occurring on August 29, 2007 at approximately 1:56 P.M. at U.S. 41 AND SR90 in
Collier County, Florida whereat the PRANSKY vehicle and a maintenance vehicle of the
COUNTY were involved in an accident.
3. The parties hereto also mutually agree that this Settlement Agreement and the
releases contained herein shall be binding on all assigns, successors, heirs, agents, transferees,
trustees, or other representatives that either now exist or may come into existence in the future
for, or on behalf of, either of parties hereto.
Board of County Commissioners Page 1 of 2
Collier County, Florida v. Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
16K 4
4. The COUNTY agrees to dismiss its action, with prejudice, in consideration of the
execution of this Agreement, and for the covenants contained herein.
This Settlement Agreement is subject to approval by the Board of County
Commissioners in public session.
6. Upon execution by all parties and approval of this Court, this action is dismissed
with prejudice.
This Settlement Agreement is dated this -1+ day of S�oiohL� , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Attest as o Chaim � Depu y lerc
tignal.ure 'r[t
App (roved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Conformed copies mailed to:
Colleen M. Greene, Esq.
Gary A. Ralph, Esq.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By.
Fred W. Coyle, Chairman
GARY A. RALPH, ESQ.,
Attorney for Paul R. Pransky (Deceased)
APPROVED this day of
Judicial Assistant
Board of County Commissioners Page 2 of 2
Collier County, Florida v. Pransky
Case No.: 10- 3654 -CC
Settlement Agreement Order
2012:
VINCE MURPHY
COUNTY COURT JUDGE
VINCE (MURPHY
L.Oi_ Y COURT .JJDGE
331 E.'I'amiami'Irzn1 1!301
yaplc,, I'1. 37112
Octoher 11, 2012
Felenhone:(2391252 -SiI -t
t ntsirnil, 1239)252 -871, ;
Colleen M. Greene Gar}- 'V Ralph
Office ol'the ('ounty AttorI10 Latin (>ftIccs oF(iary I -: Ralph
�2Q9 F. I amiami Trail, Ste 800 127 1 NcvN Brittany Blvd, Ste 401
Naples. IT 14 112-5749 Fort Myers. 1:1 3?907
RI:: Board of ('aunty Commissioners vs Yransky - Case. 10- 0-W4-('('
Dear Ms. Greene and Mr. Ralph:
Thank you fir submitting, the stipulation to resolve this case,
do not helicve Court approval is required fur your settlement. Rule 1.420(a) contemplates that
parties may dismiss their own claims at any time without the need ofthe 'ud,,c's blessing.
Understanding that it might give the settlement an 011ieial aura. h0V CVer, I'll be happy to sign off
on
13clore doing so, however. 1 have a concern about. Mr. l'ransky's part of the deal. Mr. Ralph's
,i�,!nature is followed by a notation that his client has died. (,nder the holding in _Schactller v.
Ucvch, 318 So. 3 "' 796 ( Fla. 4 "' DUA 2010). an action abates upon the death of an indispensahle
party, pending the appointment of a personal representative.
Because covet approval is not required. counsel can choose to proceed without the court's
participation. In other words, ii'the County is willing to accept Nlr. Ralph's authority to settle. it
is free to do so. Until an estate is opened. however, I do not think I can vouch for the
el'lectireness of tile settlement.
Slrlcerely,
r'
Vincent Murphy
VM /ld
cc: Civil