Item N9BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 Division: County Administrator
Bulk Item: Yes Department: Airports
Staff Contact Person/Phone: Pedro Mercado ext. 3173
AGENDA ITEM WORDING: Approval of property damage release in settlement of insurance claim
filed in conjunction with November 3, 2011 EMAS incursion at KWIA.
ITEM BACKGROUND: On November 3, 2011 an airplane overshot the runway at KWIA causing
considerable damage to the EMAS bed. The aircraft was identified and an insurance claim was filed
against the aircraft owner. The County maintains an insurance policy with Lexington with a $50,000
deductible. Lexington hired the law firm of Butler Pappas to recover the insurance losses. This
settlement fully satisfies the cost of the damage incurred as a result of the November 3, 2011 incident.
PREVIOUS RELEVANT BOCC ACTION: Approved the Pro -Rats litigation fee agreement with
Butler Pappas (recovery counsel).
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: TBD BUDGETED: Yes No XX
COST TO COUNTY:N/A SOURCE OF FUNDS: Airport Operating funds
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Att 7 OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
PROPERTY DAMAGE RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being of lawful age, for the sole consideration of Five Hundred
Eighty Nine Thousand, Twenty - Three Dollars and Eleven Cents, ($589,023.11) to the
undersigned in hand paid, receipt whereof is hereby acknowledged, do/does hereby and for
my/our/its heirs, executors, administrators, successors and assigns release(s), acquit(s) and
forever discharge(s) South Aviation, Inc., JODA, LLC., Jose T. Batista, Frederico A. Machado,
Federal Insurance Company, Starr Aviation, Inc., Starr Aviation Adjustment Services, Inc., and
his, her, their, or its directors, officers, employees, agents, servants, successors, heirs, executors,
administrators and all other persons, firms, corporations, associations or partnerships of and from
any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service,
expenses and compensation whatsoever, which the Undersigned now has/have or which may
hereafter accrue on account of or in any way growing out of any and all known and unknown,
foreseen and unforeseen property damage and the consequences thereof resulting or to result from
the accident, casualty or event which occurred on or about the day of, November 3, 2011at or
near the Key West International Airport in Key West, FL involving a certain aircraft more
particularly described as follows: a Cessna Citation 550; registration number N938D; serial
number 550-0454.
It is understood and agreed that this settlement is the compromise of a doubtful and
disputed claim, and that the payment made is not to be construed as an admission of liability on
the part of the party or parties hereby released, and that said releasee(s) deny(ies) liability
therefore and intend(s) merely to avoid litigation and buy peace.
The undersigned hereby declare(s) and represent(s) that no promise, inducement or
agreement not herein expressed has been made to the Undersigned, and that this Release contains
the entire agreement between the parties hereto, and that the terms of this Release are contractual
and not a mere recital.
Signed, sealed and delivered this day of , 2012.
CAUTION: READ BEFORE SIGNING BELOW
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date
Witness
MU COIL
/E
fi
P.EDRO J
ASSISTANT C UU
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
BY: LS
Lexington Insurance Company
STATE OF
SS
COUNTY OF
On the day of , 2012, before me personally appeared
To me known to be the person(s) named herein
and who executed the foregoing Release and he/she/they acknowledged to me that
voluntarily executed the same.
My term expires
Notary Public