Backup Documents 12/01/2009 Item #16K 5
16/(5
ORIGINAL 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 #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exec tion of the Chairman's si nature, draw a line thrau h routin lines # 1 thrau h #4, com Jete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
1.
2.
3.
-
..-------
Colleen M. Greene, ACA
CIYl b-
01113/10
4.
County Attorney
5. Ian Mitchell, BCC Office Supervisor
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
7. Colleen M. Greene, ACA
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation 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 Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Colleen M. Greene, ACA Phone Number 252-8400
Contact
Agenda Date Item was 12/01/09 Agenda Item Number 16-K-5
Approved by the BCC
Type of Document Settlement Agreement & Mutual Release - Number of Original 2
Attached Anderman Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be 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.
All handwritten strikeMthrough and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or CMG
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip 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 our deadlines!
The document was approved by the BeC on 12/01109 and all changes made during the meeting CMG
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a Hcable.
Please return one executed ori ioal to Colleen M. Greene, ACA CMG
2.
N/A
3.
4.
5.
N/A
6.
7.
I: Fonns/ County Fonns/ BCe Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
<<matter _ numben)/(<document_ numben)
MEMORANDUM
Date:
January 14, 2010
To:
Colleen Greene
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement & Mutual Release - Anderman
Enclosed please find an original referenced above (Agenda Item #16K5),
which was approved by the Board of County Commissioners on Tuesday,
~C~1oef (,-iDbf.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures (1)
16KS
16K5
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(hereinafter referred to as the "Agreement and Release") is entered into and made on
this 1st- day of .he.ceMbe.... ,2009 by and between BRIAN ANDERMAN,
Individually, (hereinafter referred to as "Plaintiff") and Board of County Commissioners
for Collier County (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Brian Anderman
v. Femo-Washington, Inc., Medco Equipment Repair, Inc. d/b/a Emsar of South Florida
and Collier County, Case No. 06-1740-CA (hereinafter referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
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16K5
1. Plaintiff and the County adopt and incorporate the foregoing recitals,
sometimes referred to as 'Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Twenty Thousand Dollars and 00/100 ($20,000.00) and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiff, on behalf of himself, his attorneys, agents, representatives, insurers, heirs,
successors and assigns, hereby expressly releases and forever discharges the County,
as well as its elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, successors, assigns, insurers and affiliates from any and all claims,
demands, causes of actions, damages, costs, attorney's fees, expenses and obligations
of any kind or nature whatsoever that he has asserted or could have asserted in the
Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to
the Lawsuit or any incident, event or allegation referred to or made in the Complaint in
the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiff and the County agree that either 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 and Release.
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16K5
5. Plaintiff and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, successors, assigns, spouses, heirs, and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release 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 Plaintiff or the
County.
7. Plaintiff and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release 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.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
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16K5
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: I U!l/2010
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By ~~ d~~
DONNA IALA, Chairman
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Approved as to' ;~~m:&' le'gal ~ufficiency
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Colleen Greene,
Assistant County Attorney
By: 11...- J. /JJ- --
BRIAN'" ANDERMAN, Plaintiff
4
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STATE OF t:L
COUNTY OF (p J II'n'
16KS
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLI R COUNTY, FLORIDA WAS SWORN TO and subscribed by BRIAN
. d..-"""f ()
AN RMAN, before me on this '7f day of J ~"'''u'r'J ' 2~
I natMfilN~6iB~~~RIDA
.............. Victoria L. DeLlanos
iW ~ Commission # DD693196
'...........l Expires: JULY 09, 2011
Jl9rR?&l? 'RJIW i\iLN']::R!J i'W'-V'n.,,, 'In ~<:'
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
Personally Known
or
Produced Identification
~
Type of Identification Produced
Approved as to form and
legal sufficiency:
~11~
Colleen M. Greene
Assistant County Attorney
06-1 740-CA/3466
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