Backup Documents 01/13/2026 Item #16K 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 9
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 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 through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office C D 1//.5/Z�
4. BCC Office Board of County DK X.by MB
Commissioners [s] 1IS
5. Minutes and Records Clerk of Court's Office Illd q WV�4' -
PRIMARY CONTACT INFORMATION
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 may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was Agenda Item Number 1
Approved by the BCC I 11 J 219 1 9
Type of Document(s) g
Number of Original
n
Attached SCfft.irke�1- Ave..,,,,-1-- Documents Attached
PO number or account JJ
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman,with the exception of most letters, must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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 your deadlines!
8. The document was approved by the BCC on i 13 and all changes made during N/A is not
the meeting have been incorporated in the atta hed document. The County Attorney GLD an option for
Office has reviewed the changes, if applicable. this line,
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the CtT an option for
Chairman's signature. ✓ this>:ne
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
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IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA,
Plaintiff.
vs. Case No.: 25-CC-3391
CABULL-LINK, INC.,a Florida corporation,
Defendant.
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this ___ ___ day of December 2025. by and
between Cabull-Link. Inc. ("Cahull-Link") and Collier County. a Subdivision of the State of
Florida (hereinafter"Collier County"or"County") (collectively, the "Parties").
RECITALS
WHEREAS, Collier County tiled a one-count Complaint for negligence against Cahull-
Link on December 9, 2025 regarding damage caused by Cabull-Link while performing an
excavation at 1585 Gulf Coast Drive,Collier County, Florida(the"Action"):
WHEREAS,Cahull-Link acknowledges that on March 23,2023, it stnick and damaged the
County's owned,operated. and maintained wastewater lateral line:
WHEREAS, Cahull-Link further acknowledges that Collier County's total damages to
repair the wastewater lateral line is S16,773.56:and
WHEREAS,the Parties to desire to fully settle the Action and avoid incurring further costs.
attorneys' fees, and expenses relating to the Action.
[2 S-CC-3391/199 t 82 I/1]76
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NOW. THEREFORE, in consideration thereof. C'abull-Link and Collier County agree as
follows:
I. Settlement Payment. Cahull-Link agrees to pay Collier County SI6.773.56 in
damages as follows:
a. Cahull-Link shall make a S16.773.56 payment to Collier County within five (5)
days of the Effectk e Date of this Agreement.
h. Payments will he mad; by certified check or money order to include the claim
number 50-03232313811 and date of loss March 23. 2023 on the memo line, made payable to
Collier Counts 13oard of County Commissioners and sent to the Collier County Risk Management
Department, Attn.: Gaily Gonzalez. Manager, Risk Finance, 3311 Tamiami Trail, East. Building
D. Naples. Florida 34112.
2. Dismissal of :fiction. \\ thin ten (10) days of receipt and clearance of the down
payment described in paragraph 1(a.), Collier County shall dismiss the Action with prejudice.
3. Notice of Default and Opportunity to Cure. Cabull-Link further agrees that
should it fail to make the required payments. it will have ten (10) days from the date of written
notice from Collier County to cure the breach of this Agreement by making the required payment.
Cahull-Link agrees that,should it fail to make the required payment within ten(10)days of written
notice from Collier County, it will be in material breach of this Agreement.
4. Default. Cahull-Link agrees that if it materially breaches this Agreement, Collier
County may accelerate all the remaining payments due hereunder, charge the prevailing legal
interest for the balance due until paid,and Cahull-Link agrees to enter into a consent judgment for
the remaining amount as calculated by Collier County. If Collier County incurs any legal fees
and/or costs and expenses in any proceeding to entiirce the terms of this Agreement or any of its
[25-CC-3391'1991821 1176
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rights provided hereunder. Collier County. as the prevailing party. shall be entitled to recover its
reasonable attorney's fees,costs, and any court, arbitration, mediation.or other litigation expenses
from Cabull-Link.
5. Effective Date. The Effective Date of this Agreement is the date upon which the
Chairman of the Collier County Board of County Commissioners signs this Agreement. The
Parties understand and agree that this Agreement is not effective or binding unless and until the
Collier County Board of County Commissioners approves this Agreement.
6. Notice. All notices to be given to Cahull-Link shall he made in writing and sent is
U.S. Mail to its principal address located at 1690 SW Reynolds St, Arcadia. Florida 34266.
7. Choice of Law; Venue. This Agreement w ill be governed by and interpreted in
accordance with the laws of the State of Florida. The Parties hereby agree that any action arising
out of this Agreement will he brought solely in the state court located in Collier County, Florida.
THE PARTIES FURTHER AGREE.TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO WAIVE ANY RIGHT TO TRiAL BY JURY WITH RESPECT TO ANY CLAIM,
COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
8. Representations. The Parties acknowledge that they have not relied on any
representations made by any other party or any other parties' attorneys, agents, servants, or
employees in entering into the Agreement. except for those expressly stated in the Agreement.
9. Complete Aureement. The Agreement sets forth the entire agreement between the
parties to the Agreement and supersedes all prior written or oral agreements between the Parties.
10. 13i11(1in. the Agreement shall he binding on and inure to the benefit of the Parties,
their heirs, administrators. representatives,executors, successors, and assigns.
[25-CC-3391 t 1991821/1 I76 3
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11. Independent Levi Counsel. The Parties acknowledge that they each had the
opportunity to consult with independent legal counsel of their choosing regarding the legal effect
of this Agreement and that each Party freely and voluntarily enters into this Agreement.
12. lttornev's Fees and Costs. The Parties hereto shall hear their ow n attorney` fees
and costs incurred in connection with the Action.
13. Non-Waiver. No w ai er of any term or right in this Agreement shall be etfective
unless in writing,signed by an authorized representative of the waiving Party. The failure of either
Party to enforce any provision of this Agreement shall not be construed as a wai er or modification
of such provision. or impairment of its right to enforce such provision or and other provision of
this Agreement thereafter.
14. Severahilitv. Should and provision of the Agreement be declared or he determined
by any court of competent jurisdiction to he wholly or partially illegal. invalid, or unenforceable.
the legality, validity. and enforceability of the remaining parts, terms. or provisions shall not he
affected thereh . and said illegal,unenforceable,or invalid part.term,or provision shall be deemed
not to be a part of the Agreement.
15. Modifications. This Agreement cannot he amended. modified or amplified except
by written agreement signed by the Parties. No oral statement made by any person shall operate to
modify this Agreement in any manner or otherwise affect its terms and provisions.
15. Counterparts,. This Agreement may he executed in one or more counterparts,each
of which will he deemed to he an original, hut all of which together will constitute one and the
same instrument, without necessity of ptoductiom of the gapers. An executed signature pale
delivered via facsimile transmission or electronic signature shall he deemed as effective as an
original executed signature page.
l,t_t ( _;; it l' is2I 1176 4
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16. Authority to Bind. The signatory hereto warrants and represents that they have the
requisite authority to enter into this Settlement Agreement on behalf of Cabull-Link.
/Signature Page to Follow/
IN \VITNESS WHEREOF the Parties have signed this Agreement on the date first set forth below.
125-C'C-:391 1991 x21 1176 5
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CABULL-LINK. INC. BOARD OF COUNTY COMMISSIONERS
COLLIE Y. FLORIDA
By: By:
.�~� '[' (2,041650c LDan Kowal.Cha tman
Name:•/ R'•J
Title: P(e5 id t -r— Date: 1 1312 C
Date: /a//C1 0avas I
„attrrrr»rr►
,�`� op^ry'' fi; Approved as to form and
.�` (�TAL„.�C r ,i� 0L, Clerk legal sufficiency:
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Xtc? : •ai re ,,,, ..___Di,,.) ,......._
,� E , Courtney L. DaSilva
-., ; �'"
�' / j Assistant County Attorney.
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125_CC_339 1 1991821 1176 6
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