Backup Documents 09/11/2018 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office p
�n q/ f 1
)1
4. BCC Office Board of County QS
Commissioners s(S/ °\ V;
5. Minutes and Records Clerk of Court's Office
P6- etIr2-fig q:ilailtA—
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Tom Chmelik/Public Utilities Engineering Phone Number 252-6213
Contact/ Department
Agenda Date Item was September 11,2018 Agenda Item Number 16C1 1/"-
Approved
Approved by the BCC
Type of Document Settlement Agreement Number of Original I
Attached Documents Attached
PO number or account Y0.
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? "14F#46 k\FAC,
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be HFAC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. 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
5. The Chairman's signature line date has been entered as the date of BCC approval of the HFAC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on 9-11-18 and all changes made during the HFAC
meeting have been incorporated in the attached document. The County Attorney's41.001W01;
Office has reviewed the changes,if applicable. ,*,,,r,s-
9. Initials of attorney verifying that the attached document is the version approved by HFAC I ° s+
BCC,all changes directed by the BCC have been made,and the document is ready or the 6*-1,. i
'1� gi
Chairman's signature. "'L NzWt6.C.._ ® ie
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.-15;'evised 11/30/12
16C1
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, September 12, 2018 11:48 AM
To: Chmelik, Tom
Subject: Agenda Item#16C1 (BCC 9-11-2018)
Attachments: Agenda Item#16C1 (9-11-2018).pdf
Hi Tom,
A (sigvted) copy of Agenda Item #16C1, the agreement between the
Diocese of Venice ivt Florida, Quality Enterprises, Inc. and Collier County
Is attached for your records.
Thavtk you!
AVIA Jevwtejohvt, Deputy Clerk
Board Minutes & Records Depart
Collier Couvtty Value Adjustmevtt Hoard
239-252-84O6
1
1601
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 2nd day of July, 2018, by and between the DIOCESE OF VENICE
IN FLORIDA, INC., with an address of 1000 Pinebrook Road, Venice, FL 34285 (hereinafter
referred to as the "Diocese"), QUALITY ENTERPRISES, INC. with an address of 3494
Shearwater Street, Naples, FL 34114 (hereinafter referred to as "QE"), and BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of
Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer
District with an address of 3299 Tamiami Trail East,Naples, FL 34112 (hereinafter referred to as
the "County").
WITNESSETH:
WHEREAS, Diocese is the owner of approximately 10 acres of property located at 5130
Rattlesnake Hammock Road in Collier County, Florida; and
WHEREAS, Diocese applied for an insubstantial change to SDPA PL20150000903 to
change its site plan including the expansion of its parking lot;
WHEREAS, County agreed to replace and relocate its pump station 302.09 in a location
that would allow the church to have more parking; and
WHEREAS, during construction of the church's improvements and the County's
relocation of pump station 302.09 through its contractor, QE, it was determined that a 13.5 foot
long gravity wall was required to be constructed for safety reasons; and
WHEREAS, many contributing factors lead to the need for the 13.5 foot gravity wall;
and
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WHEREAS, the County, the Diocese, and QE, without any party admitting any liability
or fault, desire to settle any and all disputes that arise from, relate or refer in any way, whether
directly or indirectly, known or unknown, to the need for the gravity wall; and,
WHEREAS, the parties desire to reduce the settlement to a writing so that it shall be
binding upon all parties' respective owners, principals, elected officials, officers, employees,
agents, attorneys, representatives, insurers, successors, assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, the parties
agree as follows:
1. The Diocese, QE, and the County adopt and incorporate the foregoing recitals by
reference into this Agreement.
2. The Diocese, QE, and the County agree to share the cost to construct a gravity
wall approximately 13.5 feet long as shown on the approved SDP plans of SDPI
PL20160001396. The Diocese's contractor, WeBuild, has provided a quotation for materials and
labor in the amount of$12,000, which the County and QE find fair and reasonable.
3. Within 30 days of execution of this agreement, the County agrees to pay the
Diocese one-third of the amount quoted which is $4,000. Upon receipt of this payment from the
County, the Diocese agrees that this settlement is final.
4. Within 30 days of execution of this agreement, QE agrees to pay the Diocese one-
third of the amount quoted which is $4,000. Upon receipt of this payment from QE, the Diocese
agrees that this settlement is final.
5. In the event the final cost of construction exceeds the quoted amount, the Diocese
shall be responsible for the balance of the costs.
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6. Diocese shall construct the gravity wall in accordance with SDPI
PL20160001396. Diocese shall be the owner of the gravity wall and responsible for
construction, and maintenance of the gravity wall.
7. Except for the obligations of this Agreement, which are not hereby released and
which shall survive the execution hereof, the Diocese, QE, and the County, for themselves and
for their respective successors and assigns, hereby remise, release, acquit, waive, satisfy and
forever discharge one another and one another's respective officers, directors, shareholders,
managers, members, employees, agents, servants, representatives and insurers, and the respective
personal representatives, heirs, successors and assigns of all of them, of and from all, and all
manner of action and actions, cause and causes of action, suits, debts, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
guarantees, warranties (whether express or implied, and whether based on statute, common law
or otherwise), third-party claims, bad faith claims, additional insured claims, malicious
prosecution claims, subrogation claims, variances, trespasses, damages, judgments, executions,
claims and demands whatsoever, which either has or may have against the other, whether arising
in tort, by contract, by virtue of statute, or otherwise, and whether in law or in equity, regardless
of whether the same are known or unknown, suspected or unsuspected, patent or latent, or have
yet accrued or not accrued (all of which are referred to herein collectively as "Claims"), provided
the same in any way arise out of or relate to the matter described herein or the construction of the
gravity wall.
8. Notwithstanding anything that may be to the contrary in Paragraph 8 of this
Agreement, the Diocese, QE, and the County agree that any of them (as well as any other
persons or entities intended to be bound) shall, in the event of any breach, retain the right to
enforce the terms and conditions of this Agreement. In the event of an alleged breach of this
116-PUE-00453/1419707]59 3
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Agreement, the parties agree that the sole remedy for breach of this Agreement shall be for
specific performance of its terms and conditions or any damages arising from the breach. The
parties further agree that the sole venue for any enforcement action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida, in Naples, Florida.
9. The Diocese, QE, and the County acknowledge and agree that this Agreement is
intended to and shall be binding upon their respective owners, principals, elected officials,
officers, employees, agents, attorneys, representatives, insurers, successors, assigns, heirs and
affiliates.
10. The Diocese, QE, and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims in the interests of avoiding the costs and
uncertainty of litigation, and nothing in this Agreement shall be construed to be an admission of
any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either
the Diocese, QE, or the County.
11. The parties agree to cooperate fully in the execution of any documents or
performance in any way which may be reasonably necessary to carry out the purposes of this
Agreement and to effectuate the intent of the parties hereto.
12. The parties acknowledge and agree that this Agreement is the product of mutual
negotiation and no doubtful or ambiguous language or provision in this Agreement is to be
construed against any party based upon a claim that the party drafted the ambiguous provision or
language or that the party was intended to be benefited by the ambiguous provision or language.
13. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
14. This Agreement shall be governed by the laws of the State of Florida.
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IN WITNESS WHEREOF, the Diocese, QE, and the County have executed this
Agreement on the date first stated above.
AS TO COUNTY:
ATTEST: CRYSTAL K. KINZEL,
Cll BOARD OF CO TY COMMISS • ERS
OF COLLIE: 0 Y,FLO • /.
•
By: t .,Q ( ' By:
Attest asO, 17 ; • irk Ii Y SOLIS, Chairman C cit k 11\rLQ>
signature only.
Approved as to form and legality:
HASHTO -CICKO
Managing Assistant County Attorney
THE DIOCESE OF VENICE IN FLORIDA,INC.
By ..>i".�..�„ /�'�...,...rd
STATE OF FLORIDA
COUNTY OF 5Gra5,07-
?PIA
Sworn lo (or aftlyn ed) nd subscribed before me jhis v day of Jim , 2018, by
(, ,VD �J�► es5 ��C IC , as fiaorl ,,, of the Diocese of Venice in
Florida,"Ine /Ywho is ( v)'personally known to me or ) produced as
identification.
c/j/L44444124---
(Signature of Notary Public)
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QUALIT : T.• 'RISE ,INC.
By:
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STATE OF VIRIGINIA
CITY OF VIRGINIA BEACH
,
Sworn to (or affirmed) and subscribed before me this 11.5. day of lt,t,k1 , 2018, by
tywetr4 ltiulfret 3f, , as i're4okf of Quality Enterprises, Inc. who
is ( ) personally known to me or( )produced as identification.
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