Backup Documents 02/10/2009 Item #16K 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16K 1
Print on pink paper. Attach.to ~)riginal document. Original documents should be hand delivered to the Board Otlicc. The completed fouting slip and original
documents are to be torwarded 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 information needed. If the document is already complete with the
excention of the Chairman's sie:nature, draw a line throup"h routing 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)
I. Jacqueline Hubbard, Litigation County Attorney's Office .I.H. 4/21/09
Section Chief
2. Sue Filson, Executive Manager Board of County Commissioners
3. Minutes and Records Clerk of Court's Office
4. Jacqueline Hubbard, Litigation County Attorney's Office
Section Chief
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 documenlS needing the Bee Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Jacqueline Hubbard Phone Number 252-8400
Contact LitiEation Section Chief
Agenda Date Item was 2/1 0/09 Agenda Item Number 16KI
Approved bv the BCC
Type of Document Settlement Agreement and Mutual Release N umber of Original 3
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 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 licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and 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 ofBCC 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 BCC on 2/10/09 and all changes made during the
meeting have been incorporated in the attached document. The Connty Attorney's
Office has reviewed the chan es, if a licable.
Please return two executed original documents to Jacqueline Hubbard, Litigation
Section Chief.
Ves
(Initial)
J.H.
N/A(Not
A licable)
2.
3.
4.
5.
6.
7.
N/A
J.H.
J.H.
N/A
J.H.
J.H.
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1'/6 K 1
Ii" -
MEMORANDUM
Date:
April 23, 2009
To:
Jacqueline Williams Hubbard
Assistant County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement & Mutual Release between Collier
County and Osvaldo Gayon v. Dennis Larson .;.
(Case No. 06-340-CA)
Attached are two (2) original agreements, referenced above, (Agenda Item
#16Kl) approved by the Board of County Commissioners February 10, 2009.
The third original will be held in the Minutes and Records Department for the
Board's permanent record,.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (2)
Fob-I 1-09
03:46pm
From-Coil ior County Attornoy
+7740125
T-355 P 00Z/006 F-ZZ5
/-:..-
C'
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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 lOth day of February
, 2009 by and between Osvaldo Gayon,
(hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier
County (hereinafter referred to as the "County").
WIT N E 5 SET 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 Osvaldo Gayon v.
Dennis Larson, et a.; Case No. 06-340-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_
Feb-ll-09 03:46pm From-Coil ier County Attorney
+7740225
T-355 P.003/006 F-ZZ5
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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, Plaintiffs and the County agree as follows:
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 Nine Thousand Five Hundred Dollars ($9,500.00) 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 his behalf, as well as on behalf of 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.
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Feb-II-09 09:46pm From-Collier County Attorney
+7740115
T-955 P.004/006 F-115
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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.
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 fOllTlalities 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
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Feb-II-09 03:47pm From-Coil ie, County Attorney
+7740225
T-355 P005/00G F-225
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be.en 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
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
thi~ Agreement and Release as set forth below.
Date: Februarv 10. 2009
Date: Februarv 10. 2009
ATTEST:
DWIGHT E. BRqO.K.Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
. ~.
, tl.luJ-
.' . . ,:.. ? 0(....
~t ..:,..01& ..~erk
I11Jl'1tl'" .lc~ . '. '.'
By $.,~.. .Le.
Donna Fiala ' Chairman
Date: FEehrll"ry 1 0, ?OOq
Plaintiff, Osvaldo Gayon. ..." .......-.....---...."
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Item # iIalJ-
Signature
/{7SV4/do 0:.....'/ur-
Print Name /
Agenda A-1o:01
Date ~
~:d 1~-cq
4
F.b-II-O! 03:47pm From-Coil jar County Attorn.y
+7740225
T-355 P 006/006 F-225
STATEOF Au~
COUNTY o;Jj ;((1-1>0 d L
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THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTFF AND
COLLIER COUNTY, FLORIDA W S SWORI':l TO and suncribed by Osvaldo Gayon,
befli7 ~i, ~7? d~ of ..h) Ai [" , 200J. X
~ JIo '" t./ r)CJ'-...-[ Y J /.{ U Personally Known
Signature of Notary Public C' or
" Produced Ide tification
o
.2Y
Commissioned Name Notary Public
(Please print, type or stamp)
My Commission expires:
7l~~
e' ARLENE SALGUlHO
Notary Public. Slate at Floncla~1
. . MyC...... Expl'H Aug 4, 2012
CommllSlon (# DO 811641
" IoftdId Through National Notary Assn
Approved as to form and
legal sufficiency:
/7 I
,
06-340-CA/2334
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