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Agenda 01/15/2008 Item #16K12 ,.~; c.'3~\'12 ~:s, 2':,C:a 'I Dr 4 ,- EXECUTIVE SUMMARY Recommendation to appron settlement prior to tr'ial in the lawsuit entitled Collier County v. B & G Underground Inc., Case No. 07-1595-CC, in the Twentieth Judicial County Conrt in and for Collier Connty, Florida. in the amonnt ofSII,OOO.OO. OBJECTIVE: For the Board of Count} Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District. to approve settlement. whereupon the County will accept $11,000JJO as full settlement in the lawsuit entitled Collier County v, B & G Underground Inc Case No. 07-1595-CC, in the Twentieth Judicial County Court in and for Collier County. Florida. ~ CONSIDER~ nONS: On August 17,2005, employees of B & G Underground damaged a six foot later~1 line at 609 Cypress Way East in Palm River. In addition, on August 18, 2005, employees of B & G Underground Inc.. damaged a six foot sewer lateral line at 509 Cypress Way East in Palm River. Wastewater field crews responded to the site and took the appropriate remedial action to repair the line. As a result of the negligence of B & G Underground, Inc., damages were incurred in the approximate amount of $17,OO(LOO, The Defendant has agreed to pay $11,000,00 which is reasonable considering the cost of litigation would easily exceed $5,000.00, FISCAL IMPACT: The settlement oller amounts to $11.000.00, which will be revenue deposited into the \Vater-Sewcr Operating F ut]d 408. GRO\VTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSJDERA nONS: Bolh the County Attonley and the Wastewater Director opine that settlement in the sum of $11.000,00 as full payment fllr the damages is reasonable. RECOMMENDA no]\': That the !3oard of County COlllmissioners, Ex-Ot1icio the Governing Board of the Collier County W;lter-SCII ~r District, approve settlement in the amount of $11.000.00 and authorize the Chail'llElll or the Board of County Commissioners to execute all necessary documents. PREPARED BY: William E. !'vlountfclrCl. Assistant County r'\tt1rney 06.0123/38 - Page I of COLLIER COUNTY E:10;3C' C.:.F :::O:..;~~;Y C')rtf;iv:t2S~:::~<::;::S Item Number: '~i< ~ 2 Item Summary: :.SC~in~;~-lerl:::2!IOn ;:c. &~'r.FC,,,'2 sst'!: "Y1S'n1 pr::x \0 i~,3i If r:-:E 1";Vi~-,U;t e;r,ti~!e.j ~'Jlils: COL:n'y v B & G Ur:C8~prCiUr,d I.'c C3::,8 No. Oi-;b~:::,-C'= ir. ~:IS T\isnLet~1 .i~jj::::,al County ~~ c.~ld for ::,i;icr ':>:~inty F"icJ!i,;a il ',"IS 8~IC)C1i-it :.,f ~1 CI:JO ::1(; Meeting Date: 5,'::::):;2 SC:'J;X) l;,r\!: Approved B)' vr;I~,a.r, r,~:)dnHc}~d t'_s-.siS~~;lt SOl:n:~,' !.i,~:,,:,': :]",.\' [:.:n~ C:()d~-lty t\ttO..-.I'!Y (.():Jrty /.~ttG""")' Qffi::e ii/.:,':'GC,r; 2:::./ bll: Approved By 3. 3'::,X:::8 Yiim,,,z '-'\':':s' }111;:;1(;: Di: __ "', ~<:t<c . ::\;jfi: Utili'j0S \-';~;.S:)'.~, ~;::::?()C2 ::Ll PM Approved B)' T:.o:-:-;,,:;:, VJi:ies C>p(~,cd:i()ns Ji~cc~or :2~S ;-:vb:i(. :"~t~;lh:s ::>uh::~: U i:i~i:>:s:::>:-:"c:"a;i(<"s i' :~/:.. :C' E; " PI',I, Appnl\'l'd By <:~E'~ 'v. C.C :"-,h r ~ : i;- '?~;t:i\::; _':1' ':.....'" Appnl\'cd D~ ::':;,\',:1 C. ,~; ~i; C,' ~ ',"V '1'ri -\.Ilproved By ,:;> "~:,,,_,~~, .' c. ;:>j A ppro\'l'd B~' 7:0:-,:3', , _,r-,;",w' ,e,'':',- ), " ~ :\, .- "-'J' Do;> .f~ :'J Approved By ''-' C :>:...' ,;~'; ,. ;,.' ,,~;,. , ....::; t _ Appna-ed By ;.t1':'::; ,/, ,',,"ued ... ",;:, ~ \, 1'.1'," ~ :; :_,!;. ~ l:k,c ,.;;;:J":': ~-r Cc":t.\' ::';::I<Ti:;::c::;:::n,:'" .)U;;[, ;'.':;" ~ '.j;"::,,, ;[. 2: ':~, ;:)~,,ii filp../ie'.\ /1 o{'nrlq rp<.:t\ ~'vn(wt\QR_lqnll~w\'o,~,')(} 1':; o/;,!(l!()()s.!\ 1 r-. o/,')()('()N\.;r:1\.,TO/,!n h. r:r:'l\.ln h." , iO/,nnQ RELEASE OF ALL CLAIMS The undersigned, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, for and in consideration of the sum of ELEVEN THOUSAND DOLLARS AND 00/100 ($11,000.00), to the undersigned in hand paid, the receipt whereof is hereby acknowledged, and on behalf of the personal representatives, heirs, successors, and assigns of said undersigned, do hereby release B & G UNDERGROUND, INC. and NAUTILUS INSURANCE COMPANY, and their agents, servants and successors, from any claims. causes of action, demands, rights and damages whatsoever, and its personal representatives, successors and assigns now have or which may hereafter accrue on account of any and all known and unknown injuries, losses and damages to me or my property resulting from incidents which occurred as an alleged result of construction on or about August 8, 2005 and August 17, 2005 in Collier County, Florida which resulted in a claim more fully described in the legal action entitled: COLLIER COUNTY. FLORIDA v. B & G UNDERGROUND. INC., CASE NO.: 07-1595-CC, in the County Court of the Twentieth Judicial Circuit of the State of Florida in and for Collier County, Civil Action. .- As further consideration for the payment of said sum, I hereby represent, warrant and covenant that no promise or other agreement not herein expressed has been made to me; that in executing this Release I am not relying upon any statement or representation made by the party or parties hereby released, or said party's or parties' agents concerning the nature or extent of said damages, or concerning any other thing or matter, but am relying solely upon my own judgment; that the above-mentioned sum is received by me in full satisfaction of all claims and demands whatsoever; that I am over 18 years of age and legally competent to execute this Release; and that BEFORE SIGNING THIS RELEASE, I HAVE FULLY INFORME:D MYSELF OF ITS CONTENTS AND MEANING P.ND HAVE E''(ECUTED IT WITH FULL KNOWLEDGE THEREOF. As further consideration for the payment of said sum, I agree to satisfy and be responsible for any and all liens or subrogation claims which have attached to this settlement. I hereby represent, warrant and covenant that I have not received notice of and I am not aware of any liens or subrogation ciaims against the proceeds of this se\tl."ment. It is further understood and agreed that the payment of the above amount is not to be construed as an admission of liability, but is a compromise of a disputed claim. '.ny p ~i'Son who knowingly and with intent to injure, defraud of deceive any insurance wmpany, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony of the third degree. Page 1 of 2 :',:;:1,-";:; THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Executed this day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legal sufficiency: William E. Mountford Assistant County Attorney Page 2 of 2