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Backup Documents 03/10/2009 Item #16K 2 / ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Allach to original document. Originil! dm;urnl'nts should be hand delivt:red 10 the Board Offke. The completed routing slip and original documents are to be forwarded to the Board Office only aftt'r the BoanJ has taken action on the item.) ROUTING SLIP Complete routing lines #1 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 throullb mulin!! lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Jacqueline Williams Hubbard County Attorney's Office JWH 3/1 7/09 Litigation Section Chief 2. Sue Filson, Executive Manager Board of County Commissioners 3. Minutes and Records Clerk of Court's Office 7. Jacqueline Williams Hubbard County Attorney's Office Litil!;ation Section Chief PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Jacqueline Williams Hubbard Phone Number 252-8400 Contact Litigation Section Chief Agenda Date Item was 3/1 0/09 Agenda Item Number 16K2 ADDroved bv the BCC Type of Document Release of All Claims. Hold Harmless Number of Original 3 Attached Agreement, Assignment and Waiver Under Documents Attached Chapter 631. Florida Statutes F1GA No. FL0079-2002 FR I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro date. 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. Tbis includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from comracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through 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 of BCC approval of the document or the final ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman' s si nature and initials are rc uired. In most cases (some contracts arc 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 BCe's actions are nullified. Be aware of Your deadlines! The document was approved by the BCC ou__ (euter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, Please return two executed ori inal documeuts to Jac ueline Williams Hubbard. JWH Yes (Initial) JWH N/A(Not A lic.ble} 2. N/A 3. JWH 4. JWH 5. NIA 6. 7. I: FormsJ County FormsJ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 MEMORANDUM Date: March 17, 2009 To: Jacqueline Williams Hubbard Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Release of All Claims, Hold Harmless Agreement, Assignment and Waiver Under Chapter 631 Enclosed please find one (2) originals of the document as referenced above, Agenda Item #16K2 approved by the Board of County Commissioners on March 10,2009. An original is being retained in the Minutes and Records Department. If you should have any questions, please contact me at 252-8411. Thank you Enclosure 16K2 16K2 RELEASE OF ALL CLAIMS, HOW HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631 FLORIDA STATUTES FIGA NO. FL0079-2002-01 FR KNOW ALL PERSONS BY THESE PRESENTS: That, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, for and in consideration of the total sum of NINETY NINE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($99,500.00), and other good and valuable consideration to them in hand paid by BOTNER LAND DESIGN, INC. and the FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. (hereafter referred to as "FIGA"), receipt of which is hereby acknowledged, has released, acquitted and discharged, and by these presents do hereby release, acquit and forever discharge BOTNER LAND DESIGN, INC., GEORGE BOTNER, ASLA, LEGION INSURANCE, and FIGA, except as otherwise reserved below, the court appointed RECEIVER of LEGION INSURANCE, and their heirs, executors, administrators, successors, assigns, affiliates, employees, insurers, agents and representatives, hereinafter collectively referred to as "RELEASEE", of and from any and all claims, damages, demands, actions, causes of action, alleged or brought, or which could have been alleged or brought under the law, codes and statutes of any and all states, federal, foreign, local or territorial jurisdictions, of whatever name or nature in any manner arising any reinsurer or insurer thereof, their respective administrators, successors, assigns, employees, agents, attorneys, officers, directors, and representatives, hereinafter referred to as the Released Parties, of and from any and all claims, actions, causes of action, damages or demands, both compensatory and punitive, in 16K2 whatever name or nature, in tort, in contract or by statute, in any manner arisen, arising, or growing out of any and all damages, expenses, or losses sought or claimed, of whatever name or nature, past, present, or future, which in any way arise out of or were the result of property damage occurring to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA located in Collier County, Florida, that are the subject of the claim(s) alleged in Twentieth Circuit Court In and For Collier County, Florida Case No: 02-1923-CA and this Release covers any and all claims of the Releasing Party for present and past, property damage, repairs, replacements, loss of use and all other claims of consequential damages and expenses which have arisen, arise, or which may hereafter arise out of the incidents or matters which were alleged in, or could have been alleged in Case No.: 02-1923-CA. The Releasing Parties acknowledge that it is their responsibility to satisfy any of the foregoing liens or subrogated interests from the proceeds of this settlement. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA further states that while this document hereby releases all claims against RELEASEE, the payment may not satisfy all of the damages resulting from the claimed property damage, and they reserve their right, and anyone claiming through them, to pursue and recover any unpaid damages from any persons, firms, agencies, or organizations who may be responsible for the payment of such damages, but such reservation does not include, nor can it be interpreted as including, the RELEASEE. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to 9631.60(1), Florida Statutes, hereby ASSIGN to FIGA, to the extent of the amount of their recovery from FIGA, their rights under the policy of insurance issued to BOTNER LAND DESIGN, INC. by 2 16K2 FIGA, and agrees to cooperate with FIGA, as dictated under 9631.60(1), Florida Statutes, concerning the exercise by FIGA of any and all of its rights contained therein. In addition, pursuant to 9631.60(4), Florida Statutes, we hereby WAIVE any claim up to the amount of FIGA's payment herein under 9631.57, Florida Statutes, which we have against BOTNER LAND DESIGN, INC., GEORGE BOTNER, ASLA, LEGION INSURANCE AND FIGA through the appropriate court-appointed RECEIVER of LEGION, and specifically do waives any claims Or rights we have against RELEASEE through said appropriate court-appointed RECEIVER, for any amounts that LEGION may be unable for in excess of FIGA's payment hereunder. It is understood and agreed that this statement is a compromise of a doubtful and disputed claim, and the agreement made is not and does not have the effect of any admission of liability or damages by the RELEASEE, and that said RELEASEE deny any liability and intend merely to avoid litigation and buy their peace. To secure this settlement and the payment of said sum, we hereby declare that we are over eighteen (18) years of age, and that we rely wholly upon our own judgment, belief and knowledge of the nature and extent of all damages sustained by us, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and that no representations or statements about those alleged damages made by experts or agents of said RELEASEE have influenced us in making, or induced us to enter into, this settlement and we voluntarily enter into this RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631, FLORIDA STATUTES. We understand that the damages sustained or claimed by and through us, and alleged to have been sustained as a proximate result 3 16K2 of any actions or activities of the RELEASEE, may be continuing in nature, and in making this RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631, FLORIDA STATUTES, we rely wholly upon our own judgment, belief and knowledge of the nature, extent and duration of all damages. We further declare that we do not suffer from any mental or physical disability that would disable us from executing this RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631, FLORIDA STATUTES and that we have had the benefit of advice from our own counsel. It is further acknowledged that there is no agreement or compromise on the part of said RELEASEE to do or omit to do any act or thing not herein mentioned, and that the above consideration is In full and final settlement of any and all lawsuits, claims or demands, and all damages to the undersigned arising from or out of any and alt matters aforementioned. This RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631, FLORIDA STATUTES contains the entire agreement between the parties hereto, and the terms of this RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAIVER UNDER CHAPTER 631, FLORIDA STATUTES, are contractual and not a mere recital. WE HAVE READ THE PRECEEDING PAGES OF THIS RELEASE OF ALL CLAIMS, HOLD HARMLESS AGREEMENT, ASSIGNMENT AND WAVIER UNDER CHAPTER 631, FLORIDA STATUTE AND FULLY UNDERSTAND IT. 4 Date: ~ \ \ c) , oq Date: ATTEST: DWI.G:t'ITlf;..B'ROCK, Clerk ~_k By: ~ttes.t '.' sbtjlOyamtUti . '.JUdltur. ~I'~ Appr6Ve4.pl~,tdform and legal sufficiency: 16K2 BOARD OF COUNTY COMMISSIONERS OF COLL~(J COUNTY, FLORIDA ,I J _ :, '~, ~'.<(./ .;:tl4..4,. Donna Fiala, Chairman lIem# It;::,r-~ Agenda 3/10/01 Date Date :<JI'2/c!J Reed ~'7 ~ft( Deputy lerk 5