Loading...
Backup Documents 09/11-12/2012 Item #16K 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 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 routin¢ lines #1 through #4. complete the checklist. and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date I. (Initial) Applicable) 2. 09/11/12 Agenda Item Number 16K7 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Colleen M. Greene, ACA County Attorney Chi � x.13 � 0- 5. Ian Mitchell, BCC Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office 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 Colleen M.Greene, ACA Phone Number 252 -8400 Contact (Initial) Applicable) Agenda Date Item was 09/11/12 Agenda Item Number 16K7 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document General Release — ACCI /API Joint Venture Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully I Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter number» /«document number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the CMG 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 Office and N/A 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 document or CMG the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Ian Mitchell 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 09/11/12 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7 Please return 2 executed copies to Colleen M. Greene, ACA CMG 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter number» /«document number» 16K7 MEMORANDUM Date: September 14, 2012 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: General Release — ACCl/API Joint Venture Attached is two (2) original copy of the document referenced above, (Item #16K7) approved by the Board of County Commissioners on September 11, 2012. The Minutes & Records Department will hold the third original release for the Board's Official Record. If you have any questions please feel free to contact me at 252 -8411. Thank you. Attachment 16K7 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY "), for and in consideration of the sum of Thirty Thousand Dollars ($30,000.00), and other good and valuable consideration, received from or on behalf of ANDERSON COLUMBIA COMPANY, INC. and AJAX PAVING INDUSTRIES, INC., also d/b /a AJAX PAVING INDUSTRIES OF FLORIDA, LLC, all d/b /a ACCI /API JOINT VENTURE (hereinafter "JOINT VENTURE "), the receipt whereof is hereby acknowledged. (Wherever used, the term "COUNTY" and "JOINT VENTURE" shall include those parties specifically named in this release. These terms shall also include singular and plural, heirs, legal representatives, assigns, employees, agents, servants, officers and directors, stockholders, attorneys, representatives; employers, subsidiaries, affiliates, partners, and predecessors or successors in interest; JOINT VENTURE also includes Bob Barricades, Inc. who worked with, for or on behalf of JOINT VENTURE at the location of the I -75 and Immokalee Road project where this specific loss complained of by the COUNTY occurred.) The COUNTY hereby releases, acquits, and forever discharges JOINT VENTURE of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever, in law or in equity, which JOINT VENTURE ever had, now has, or hereafter can, shall or may have, against JOINT VENTURE, for events pertaining to the COUNTY's specific claim in the case of IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL DIVISION Page 1 of 2 16K7 styled BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Plaintiff, v. ANDERSON COLUMBIA COMPANY, INC. and AJAX PAVING INDUSTRIES, INC., also d/b /a AJAX PAVING INDUSTRIES OF FLORIDA, LLC, all d/b /a ACCl/API JOINT VENTURE, Defendants., Case No. 11- 02087 -CA, which shall include any claims for attorney's fees and costs. The COUNTY represents to JOINT VENTURE that the COUNTY is the only one entitled to the settlement funds and that there are no liens or claims made against these funds by any other party. It is further understood and agreed that this settlement is the compromise of disputed claims and that the payment made is not to be construed as an admission of liability on the part of JOINT VENTURE, which expressly denies any liability for this action. It is further understood and agreed that no promise or agreement not expressed within the written terms of this document has been made to the COUNTY as an inducement to enter into this agreement and that this General Release contains the entire agreement between the parties to it and that the terms of this Release are contractual and not a mere recital. Dated: ATTES;'; r F -,i� DWI�F�.rftr, E:'BR ; CLERK Aoproved as, " to',form and legal sufficiency: Colleen M. Greene Assistant County Attorney 11-2087-CA/5188 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B e�— W Y Fred W. Coyle, Chairman Page 2 of 2