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Resolution 1999-222TltE ACQUISIIION OF LAND BY GIFT. ON OF FEE SIMPLE TH'LE INTERESTS PERPETUAL ROAD RIGHT-OF-WAY, ~GE. MAINTENANCE AND TEMPORARY INTERESTS BY EASEMENT FOR TIlE .-LANING ROADWAY IMPROVEMENTS FOR ) BETWEEN C R 951 ANI) WILSON62 WtlEREAS. thc Board oft. oumy ('ommis.,,ioners. on October 28, 1907, adopted Ordinance No 97-55 therein establishing lhe 1997 {Sevcmb Annual} Capilal Improvement Elclncnt of the Grox~h Management Plan in order to establish priorities for lhe design, acquisition and constmclion of lhe various capital improvement projects. The Transportation Element of Ibe County's Comprehensive Plan x~as adopted in Ordinance No 97-62, and WItEREAS. the fi)ur-laning improvements to Golden Gate Boulevard Road betxvccn C R 951 and Wilson Boulevard is one of the capital improvcmcn~ projects required under thc Transportation Elcmcm ol'thc County's Comprehensive Plan, and Wf IEREAS. the Board off County Commissioners, on April 28, I OOg. adopted Resohuion No 08-107 amhorizing tt~e County Slaff to acquire by gilt or purchase certain easemems ancot fee simple title to fi~e property and property inlerests required and neces~ for the Golden Gate Boulevard four- laning roadway improxemenls of Golden Gale Boulevard between C R 051 and Wilson Boulevard, and WI IEREAS, thc location liar constructi(m of Ibc proposed improvements has been Ilxcd hy survey and is col[ecti,,'ely represented by the legal descriptions comprising Exhibit "A" auachcd hereto and incorporated herein. W~IEREAS, after consideration of the availability of alternate roulcS and localions, lhe comparative costs or project ahefnatives, various impacts upon the environment, long range planning options, and public salUt5 considerations, ll~e Buard desires to exercise its righl Io condemn property tbr public purpo>es NOW, TIIEREFORE, BE H' RESOI.VED BY TIlE I]OARI) OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA, that il has been determined by the Board that the consm~ction of the tbur-laning roadx~ay improvemems for thc Gnlden Gate Boulevard between C R 051 and Wilson Boulexard. (hereinafter rel~rred lo as 'hhe Project") is necessary and in the public's best interest in order to protect Ibc heahb, safely and x~ellisre of the citizens of Collier County Page 1 RESOI.UTION NO. 9% 222 A RESOI.UTION AUTIIORIZING TIlE ACQUISITION OF LAND BY GIFT, PURCtIAfiE OR CONDEMNATION OF FEE SIMPI.E TITLE INTERI!STS AN[):OR NON-F. XCI.L'SI\'F.. PERPETUA[. ROAD RIGI IT-OF-WAY. SII)EWAI.K.I.;TII.ITY. DRAIN:\GI.~. MAINTENANCE AND 'I'F. MPOI~AI,tY I)RIVEWA'~' RESTORATION INTERESTS BY EASEMENT FOP, TIIF, CONSTRUCTION OF TIlE FOUR-LANING ROAD\\'AY IMPROVF, MENTS FOR GOLDEN GATE BOUI,EVARD BETWEEN C, R 951 AND WII,SON BOUI,F,V..\RD PROJECT, CIE NO 62 \Vi lI'~RF, AS. thc Board of (',.)tlnly ('on,nissioncrs. on October 28. 1997, adopted Ordinance No 07-55 therein cslaHIishing the 1907 (Seventh Annual) Capital hnprovemcnt I~lement of Ihe Growfl~ Management Plan in order lo establish priorities for the design, acquisition and construction oF thc various capital improvement projects The Transpo~alion [Llcmcnl of thc CounJy's Comprehensive Plan was adopted in Ordinance No 97-62; and WttEREAS. the tbur-laning improvements lO Golden Gate Boulevard Roatl between (' R 051 and Wilson Boulevard is one of the capital improvement prQects required under the Transporlation Elcmcnl of Ibc County's Comprehensive Plan. and WI IEREAS. the Board of County Commissioners, on April 28, 1998, adopted Resolulion No, 98-107 authorizing the County Staff to acquire by gift or purchase ccflain easements ancVor fee simple title to the property and property inlcrcsts required and neccssa~, fi~r the Golden Gate Boulevard fi)ur- laning road~ay improvcmentq of (;olden Gate Boulevard bet~een C R 951 and Wilsm~ Boulevard; and WItEREAS, the location for consln~ction off the proposed improvements has been fixed by su~'ey and is colleclively represented by d~e legal descriptions comprising Exhibil "A" attached hereto and incorporated hereto WItEREAS, azter consideration of the availability of alternate routes and locations, the comparative cosls of project alternatives, various impacls upon the environment, long range planning options, and public sat~qy considerations. ~hc Board desires t- exercise its right Io condemn properly for public purposes NOW. 'ItlEREFORE. lIE IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI.I.IER C()UNTY. FI.ORIDA. that it has been determined by the Board that the construction oF Ibc tbur-laning roadx~ay improvements for the Golden Gate Boulevard between C R. 951 and Wilson Boulevard, (hereinafter referred Io as "fi~e Project") is necessa~ and in the public's best interest in order Io protect the heahh, salary and welfare of the citizens of Collier County. Page 1 AND IT IS FURTltER RESOI,VED Ihat construction of the Project is part of the Counly's long range planning effort, and is included in fl~c Transponatkm Element of thc County's Comprehensive Plan tbr Grm~d~ Management, as approved by the Florida Department of Community Afl, irs AND H' lfi FURTItER RESOI,VI~I) lhat the County Stall' has reviewed ahcrnali~ c locations for the project, various impacts Io thc environmental, public sat~ty and ~vellhre considerations associated with thc design and construction of the project, and thc costs associated wid~ the design, property rights acquisition, and construction of the project, and the Board finds that after consideration of these issues, the most t~asible location for conslruction of the proposed improvcmcnls is collectively represented by the legal descriptions comprising Exhibil "A" auached herclo and incorporaled herein AND IT IS FUR'FItER RESOIA'ED Ihat in order l() conslmct thc project as designed, h is nccessa~' tbr the Board to acquire the xarious real propcrt5 interests de~crihed Exhibit "A" Io wit simple title interests and/or perpetual, non-exclusive road ri~ht-of-xgay, sklewalk, utility drainage. maintenance anti temporal' driveway rcstoralion intctcsls by easement AND IT IS FUR'FI IER RESOLVED that all property shall be put to public purposes AND IT IS FI;RTIIER RESOI,VED that thc Count) staff'is hereby authorized to immediately acquire by gift. purchase or condemnation in accordance wilh the proxisions of Chapters 73. 7.1 and 127. Florida Slatute~. Ibc above.referenced real property interests more particularly described in Exhibit "A". attached hereto and incorporated hereto AND H' IS FURTI IER RI~SOI,VI~D thai no mobile homes arc located ~,~ thc pmpc~ty sought to be acquired and therelbrc il will not be necessaD' to tcmm'e any mobile hmnes I?om the property to be acqulrcd second and majmhy vole ATTEST:' DWIGitl' F,. BROCK, ('1 F. RK Clerk Ap~;oved as to Ibrm and legal sufficiency lleidi F. Ashton Assislanl Coonly Allorney Page 2 John C. Noms Dist~ct 1 James D. Carter. Ph.D. Disl~ct 2 Timothy J. ConsLanbne Dis~Ct 3 Pamela S, Mac'Kie D~stnct 4 Barbara B. Bem/ Ms. Jan3 Walling Office of Pl,'ming and Dud~cdng Executive Office of thc Govcmor Thc Capitol Building. Eoom 160l TaJl;~ssec. Florida RE: Rcsponsc to Collicr Count)' ShcriWs Lcttcr o£April 2~. 1999 33~ E~t T~mi~mi Trml · N~ple$. Florid~ 3~ 12.4977 (941l 774-8097 · Fax (94~) 774-3602 April 26, 1999 Dear Ms. Walling: Collier County Sheriff Don Hunter recently sent you correspondence dated April 22, 1999 in regard Io thc appoal of his Fiscal Year 1999 budget approved by. thc Board of County Commissioners. The letter indic, ales that the natur~ of his budget appeal focuses on two succinct issues: (1) whether the Sheriff is a county wide Constitutional Office with county wide duties; and, (2) whether F.S. 30.49 m~l other pertinent Florida Statules r~cluin: reserves for contingencies Io bc available upon demand of the Sheriff, in the budget of the Sheriff. A copy. of this letter was provided to the Board of Count)' Commissioners and requested that lhc Board indicate if they concurred in thc requested "narrowing of the issues". The Board of Count)' Commissioners does not. in fact. concur with thc requcstcd narrowing of thc issues. Thc $2,982, I00 reserve issmc docs not havc a narrow focus, as it would afford the Sheriff the ability to spend almost $3 million above thc amount approved by thc Board of County. Commissioncrs in FY 99. without our concurrence. As noted in pre,,4ous correspondence regarding the Sheriff's budget appeal, it is the position of thc Board of County Commi~ioncrs that the funding allocated Io the Sheriff for fiscal )'ear 1999 is sufficient for the confin'nalion ora responsible Ic~'el of law enforcement in Collier County. Therefore. the appeal process should proceed with the documents requested by Governor's Office of Planning and Budgedng. Sincer ~ ~'amela S. Mac'Kie, Chairwoman ~ Board of Count)' Commissioners Collier County, Florida Attachments Board of County Commissioners Dor~ Htmter, Shcriff Robert F. Fernandez, County Administrator David C. Wcigcl. County Altorncy THIS SE'1-TLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and ma~le on this 27th (lay of April, 1999 by and between Clabel Julien (hereinafter referred to as" Mr. Julien") and Collier County (hereinafter referred to as the "County"). WI T N ESS ET H.' WHEREAS, Mr. Julien filed a claim against tile County as a result o'f an auto accident that occurred on August 13, 1997 near the intersection oflmmokalee Road and Randall Boulevard in Collier County, Florida and that involved a vehicle driven by Mr. Julien and a vehicle driven by a County employee (hereinafter referred to as the "Auto Accident Claim"~; and, WHEREAS, Mr. Julien and the County, without either of them admitting any liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues that arise or derive from, relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim; and, WHEREAS, Mr. Julien and the County desire to reduce Iheir settlement ~f the Auto Accident Claim to a writing so that it st~all be binding lll)on them as ,,veil as their respective owners, i)rincipals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 9A NOW, THEREFORE, in consideration of the mutual cowmants, promises and consideration set forth in this Agreement and Reiease, and with 1he intent to be legally t)OU~(I, ,N~r. Jtl~ie~ ,~1([ ~J~e County agree a~ follows: 1. Mr. ~ulien and the County adopt and inct~qx~rate tt~e foregoing recitals, some~m~es referred to as "Whereas Clauses", by reference into this Agr,,ement and Release. 2. In consideration of the res°luti°n °f the Aut° Acci(lent Claim aswell as aH disputes or claims arising or deriving' from or referring or relating in any way, whelher diremly or indirectly, l°theAut°Accident Claim, and for and ir~c(msiderati~m of Ibc sum of $23,500.00 and off,er valuable consideration, including ti]e paymetd of all m(,diat~on fees, the receil)t and adequacy of which is hereby acknowledged by Mr. lulien, Mr. Julien agrees to release and discharge the County and its respective principals, elected ~)fficials, officers, employees, ex-eml)loyecs, agents, attorneys, represer~latwes, inst~rers, spouses, successors, assigns, heirs and affiliates from the Auto Accident CJ,~im an(l ,my ,im(J all lialfility that is or may I)(, related, associated or derived in any way, whett~er diredly ()r inclirecfly, from the Auto Accident Claim and fu~her covenants never ~o sue the (~unly any of ils respective principals, elected officials, officers, employees, ex-emlfl(~Yees, agents, a~torneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates for Auto Accident Claim or any dispute, issue or claim that relates, (lerives from, or refers any way to the ALilO Accident Claim. 3. In (.onsideratior~ of the resolution of the AuW) Accidor~t Claim, ,m(I fl)r other good and valuable consideration, tt~e receipt and adequacy of which is hereby ackn~)wledged, Mr. Julien, ()n behalf of himself as well as on behalf of his spouse (if any), attorneys, agents, representatwes, insurers, heirs, successors and assigns Jmrel}y expressly releases and forever discharges the County, as well as its principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, Heirs and affiliates from any and all claims, demands, causes ~f action, damages, costs, attorney's fees, expenses and obligations of any kind or nalt~m wHa~s(mv('r that he I~as asse~ed or coukl have asse~ed in the Auto Accident (71aim or that derive from or relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim. In this regard, and without limitation, Mr. Julien ~,xpressly warr,mt~ he has tt~e fuji ,mlhorit¥ to release all claims of loss of conso~ium (}r claims of t~is insurers that may arise or derive from or relate or refer in any way, wt~ether dire(tly ~r in~lin,(tiy, the Auto Acci~i(mt Claim or ti~e events, incidents or allegations (,n('~)mj~,lss~'(I l~y tim ALii() Accident Claim. 4. NotwitHstanding anything that may be to lt~e contra~ m I'aragral)h 3 (~f 1His Agreement and Release, Mr. Julien and ti~e County agree that either of fl~em (as ~vell as any other persons or entities intended to be bound) sl~all, in the event of any breach, retain the rigt]t to enforce the terms and conditions of this Agreement and Release. 5. Mr. Julien and the County acknowledge and agree lt~at this Agreement and Release is intended to and shall be binding upon ti~eir respective princil)als, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mr. Julien and the County acknowledge and agree fl~at this Agreement and Release memorializes and states a settlement of disputed claims and nothi.~g in this Agreement and Release shall be construed to be an admission of any kind, whetl~er of fault, liability, or of a particular policy or procedure, on the part oi' either Mr. Julien or the County. 7. Mr. Juiien and tile County acknowledge and agree, 1hat Ii,is Agreeing'hi and Release is the product ~f mutual negotiation and no (Iout)tft~l or ,m~biguous language or provision in this Agreement and Release is to be construed against any i)any based tlpOt~ a claim that the pa~y drafted the ambiguous provision or language or that tt~e pany was intended to be benefited by the ambiguous provision or language. 8. '[his 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 [)reach of this Agreement and Release, Mr. julien and the County agree that all underlying causes of a~ion ~)r claims of Mr. Julien or olhers, wino might either claim through him or upon his behalf or by subrogation, have been extinguist~ed by this Agreement and Release and that the sole remedy for breach of tills Agreement and Release st~ail be for specific performance of its terms and conditions (~r any damages arising from the breach. In this regard, Mr. Julien and the County ~u~her 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. ~his Agreement and Release shall be governed by tl~e laws of the state of Florida. IN WITNESS WHEREOF, Mr. Julien and the County have signed and sealed this six (6) page Agreemen! and Release as set forth below. DATE D: .. · . A-F[EST: DWIGHT E.~B'ROCK, Clerk ~t~atu~e only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COLJNTY, FLORIDA / / I AMELA ~. ~-~'-~, ~an Da,e: 4/19' / ¢f . THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN CLABEL JULIEN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Clabel Julien before me this /4~Zday of /77~_., 1999. Public Personally Known .~, or Produced Identification Type of Identification Produced 9 A My Commission expires: Approved as to f()rn~ and legal sufficiency: Michael W. Pettit Assistant County, A lorney 9A THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on ttqs 27th (lay of April, 1999 by and between Celeste Boliva (hereinafter referred to as" Mr. [foliva") and Collier County (hereinafter referred to as the "County'). WITNESSETH: WHEREAS, Mr. Boliva filed a claim against tile County as a result of at~ auto accident that occurred on August 13, 1997 near the intersection of Immokalee Road and Randall Boulevard in Collier County, Florida and that involved a vehicle owned by Mr. Boliva and in which he was a passenger and a vehicle driven by a County employee (hereinafter referred to as the "Auto Accident Claim"); and, WHEREAS, Mr. Boliva and the County, without either of tt~em admitting any liability or fault, desire to settle the Auto Accident Claim and any and all disputes or issues that arise or derive from, relate or refer in any way, wi~ether directly or indirectly, to Auto Accident Claim; and, WHEREAS, Mr. Boliva and the County desire to reduce their settlement of the Auto Accident Claim to a writing so that it shall be binding upon tl~em 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 tile mutual covenants, promisc, s and consideration set forth in this Agreement and Release, and with the inlent to l)e legally bound, Mr. goliva and the County agree as follows: 1. Mr. Boliva and the County adopt and incorporate tile foregoing., recitals, sometimes referred to as "WI]ereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of the Auto Accident Claim as well as all dispuJes or claims arising or deriving from or referring or relating in any way, whether directly or indirectly, to li~e Auto Accident Claim, and for and in c<>nsideration~fti~esum of S39,250.00 and ortner valuable consideration, including the payment of all mediation fees, the receipt and adequacy of which is hereby acknowledged by Mr. Bo!iva, Mr. Boliv,i agrees to release and discharge the County and its respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates from the Auto Accident Claim and any and all liability d~at is or may be related, associated or derived in any way, whether (lirectly or indirectly, from the Auto Accident Claim and further covenants never to sue the County or any of its respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliales for the Auto Accident Claim or any dispute, issue or claim that relates, derives from, or refers in any way to the Au~o Accictent Claim. 3. In co~sideration of the resolution of the Auto Accident Claim, and for other good anct valuable consideration, the receipt and adequacy of which is t~ereby acknowledged, Mr. Boliva, on behalf of iqmself as well as on bet]alf of his spouse (if any), attorneys, agents, representatives, insurers, heirs, successors and assigns hereby expressly releases and forever discharges the County, as well as its principals, elected officials, officers, emp~oyees, ex-employees, agents, atlorneys, representative% insurers, successors, assigns, spouses, heirs and affiliates from any and all claims, clem,re(is, cau~('s(~f damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has assened or coukl have asseded in the Auto Accident Claim or that arise or derive from ~)r relate or refer in any way, whether directly or indirectly, to the Auto Accident Claim. Jntl3is regard, and without limitation, Mr. Boliva expressly warrants he has the full authority to release all claims of loss of consortium (,r claims of his that may arise or derive from or relate or refer in any way, whefl~er directly or indirectly, to the Auto Accident Claim or the events, incidents or allegalions encompassed by the Auto Accident Claim. 4. Notwithstanding anything d~at may be to tt~e contrap/ in Paragraph 3 of this Agreement and Release, Mr. Boliva and the County agree fl~at eifi~er 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 tt~e terms and conditions of this Agreement and Release. 5. Mr. Boliva and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective principals, elected officials, officers, employees, ex-employees, agents, attorneys, r,~presentatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Mr. Boliva and the County acknowledge ancl agree that this Agreement and Release memorializes and states a settlement of disputed claims and notlqng it~ 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 Mr. B(~liva or Ihe County. 7. ,k~r. Boliva anti the Cotmty acknowledge and agree Ii,at this Agreement an~l Release is ti~e product of mutual negotiation and no doubtful or aml~guous language or provision i~ this Agreement and Release is to be construed against ~ny pa~y based upon a claim that t[~e parly drafted the ambiguous provision or language ~r that the pa~y wa~ intended to be benefited by the ambiguous provision or language. ~i~i~ Agreement and Release may be amendod orqy I,v ,~ kYritlr'n instrtmmnt specifically referring to this Agreement and Release ;~n(J executed with the ~an~e formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreemem and Release, Mr. [foliw~ and the County agree that all underlying causes of action or claims of Mr. Boliva or others, who might either claim through him or upon his behalf or by subrogation, have been extinguished by this Agreement and Release and that the sole remedy for bre,~ch of this Agreement and Release shall be for specific performance of its terms and condition, s or any damages arising from the breach. In this regard, Mr. Boliva and the County Further agree that the sole venue ~or any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. 1'his Agreement and Release shall be governed by the laws r~f the state of Florida. IN WITNESS WHEREOF, Mr. Boliva and the County I~,n.,e signed and staled this six (6) [)age Agreement and Release as set forth below. ZPR ~ 7 1999 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA F1AMELA S. MAC'KIE, Chairwoman Date: --~EL"E.S'TE BOLl'V3,, Cla'~aht THIS SE'FrLEMENT AGREEMENT AND RELEASE BETWEEN CELESTE BOLIVA AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Celeste Boliva before me this ~day of ~ Signature~blic ,1999. Personally Known "'M' or 'Produced Identification Type of Identification Produced Commission expires: Approved as to form and legal sul'ficiency: Michael \¥. Pett~ Assistant Counh' Attorney h;hl'~h~'~-~,~:¥mr'nt aKr~menl & release