09/18/2019 Agreement ��cougrQ
Kevin Madok, CPA
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Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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DATE: September 25, 2019
TO: Maria Slavik, Administrator
Risk Management
FROM: Pamela G. Hanco�3S�i►.C.
SUBJECT: September 18th BOCC Meeting
Enclosed is a duplicate original of the following item for your handling:
D7 Settlement and Release Agreement between Monroe County Board of County
Commissioners and Goodman-Gable-Gould/Adjusters International and Citizens Property
Insurance Corporation and acceptance of the additional amount of$1,353,834.47, bringing total
payments to $2,722,042.68, as final payment for windstorm damages caused by Hurricane Irma.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY Pit/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330'
305-294-4641 305-289-6027 305-852-7145 305-852-7145
CITIZENS PROPERTY INSURANCE CORPORATION
PO Box 19700
JACKSONVILLE,FLORIDA 32245-9700
cITIZE N S
TELEPHONE 888.411.2742 PRwExn INSURANCE CURPOR+AnW1
Release of Disputed Claim
indemnity
Claim number: 001-00-103102
Monroe County,Florida(hereinafter referred to as"Releasor"),being of lawful age,for and
in consideration of the total sum of Two Million,Seven Hundred Twenty-Two Thousand,
Forty-Two Dollars And Sixty-Eight Cents($2,722,042.68),which includes which includes
previous payments in the amount of One Million,Forty-One Thousand,Nine Hundred
Ninety-Three Dollars And Fifty-Two Cents($1,041,993.52),and less the applicable
deductibles in the amount of Three Hundred Twenty-Six Thousand,Two Hundred Fourteen
Dollars And Sixty-Nine Cents(S326,214.69);and further includes the current additional
payment in the amount of One Million,Three Hundred Fifty-Three Thousand,Eight
Hundred Thirty-Four Dollars And Forty-Seven Cents ($1,353,834.47),which current
additional payment shall be made payable to Monroe County,Florida and Goodman-Gable-
Gould/Adjusters International for other good and valuable consideration,received from or on
behalf of CITIZENS PROPERTY INSURANCE CORPORATION(hereinafter referred to as
"Releasee"),the receipt of which is hereby acknowledged.
(Wherever used,the term"Releasor"and"Releasee"shall include those parties
specifically named in this Release and all other entities and persons,natural and
corporate. The terms"Releasor"and"Releasee"shall also include singular and
plural,heirs, legal representatives,assigns of individuals, employees,agents,
servants, officers and directors,stockholders,attorneys,representatives,
successors, subsidiaries,affiliates,partners,predecessors or successors in interest,
assigns of corporations,whenever the context so admits or requires.)
HEREBY remise,release,acquit, satisfy,and forever discharge the Releasee of and from
any and all manner of action or actions,cause or causes of action, suits,debts, dues,sums
of money,accounts,reckonings,bonds,bills,specialties, covenants,contracts,
controversies, agreements,promises,variances,trespasses,damages,judgments,
executions,claims and demands whatsoever,whether direct or indirect, arising out of or
in connection with any and all claims made or which could have been made for damages
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•
relating to the wind loss which occurred on or about September 9,2017 which was
assigned claim number 001-00-103102 under policy number 00015845; including claims
which were known or unknown,foreseen or unforeseen,accrued or unaccrued, and also
including all claims for attorneys' fees, interest,costs, and any and all other claims,
demands or damages arising under the policy, arising out of the adjustment process,
arising out of contract,arising under statute,or involving extra contractual relief,bad
faith,or unfair claims practices.
Releasor hereby acknowledges and agrees that Releasor further expressly waives and
assumes the risk of any and all claims for damages against Releasee which may exist as
of this date,but which the Releasor does not know or suspect to exist,whether through
ignorance, oversight, error, negligence, or otherwise and which, if known,would
materially affect Releasor's decision to enter into this Release.
Releasor agrees to defend, indemnify and hold harmless the Releasee from all claims,
liens and/or subrogated interests, and agrees to satisfy all existing and future claims,liens
and/or subrogated interests arising out of or in connection with the subject matter of this
Release,to the extent allowed by F.S. 768.28.
Releasor declares, covenants and warrants that Releasor is over the age of eighteen
(18)years old, is legally empowered to execute this release, and that Releasor is suffering
from no legal,mental or physical disability which would impair or disable Releasor from
executing this Release and that there have been no representations and/or statements
made by the Releasee hereto or their agents to influence Releasor in making or executing
this Release.
Releasor declares,warrants and represents that no other party or parties has or have
any interest in the claim and no other claims exist upon the same facts and circumstances
of this claim. Releasor further represents,warrants and certifies that no assignment of
claim or assignment of benefits has been made.It is understood that the Releasor is
responsible for any liens, should they exist. Releasor shall be fully responsible for repair
and replacement of all items of damage to the satisfaction of the mortgagee. Releasor
will hold harmless and indemnify Releasee for any damages claimed by the mortgagee,
its successors and assigns, due to failure of Releasor to repair or replace all items of
damage.
Releasor acknowledges that Releasor has been afforded a full and complete
opportunity to review this Release and has had the opportunity to consult personal
counsel prior to signing this Release.Releasor agrees that this Release should not be
construed more favorably toward one party over the other regardless of the drafter.
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Releasor fully understands the terms of this Release and is making full and final
settlement'of all claims of any nature and character which Releasor has against Releasee.
It is further understood and agreed that this settlement is the compromise of the above
referenced disputed claim,and that the payment made is not to be construed as an
admission of liability or coverage on the part of Releasee,who expressly denies liability
or coverage for any additional amounts claimed. Releasor understands that this claim is
being settled as a business decision only,that payment of the additional sum specified
herein is being made as a complete compromise of matters involving disputed issues of
law and fact.
It is further understood and agreed that this Release contains the entire agreement
between the parties to it,and that the terms of this Release are contractual and not a mere
recital.
WITNESS WHEREOF,I have hereunto set my hand on this cY tI day of
• .2019.
olicy Ider Sign e 61081ROB COMITY ATTOR<,;
Monroe County oard of County Commissioners a.%j,.'., ,..
Mayor Sylvia J. Murphy, Chairman WW-4 4J'Y
18,2019
Po 'cyholder Printed Name and Title ,
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Witness 1 Signature Witness 1 Printed Name rre� ...,
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Witness 2 Signature Witness 2 Printed Name , c-�
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STATE OF FLO
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The fore oing instrument wits acknoM_ �igcd before me this day of 2019,
by` Cate` 1 _ O is personally known to me or CI o has produced
as identificatiojnd who ❑ did or❑ did not take an oath.
r'u{ •• BRENEDYRIGBY
.ti MY COMMISSION#GG 245771
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N: '�i_: ea unaen ro of ublic, to o lorida
Cr' .ZENS PROPERTY INSURANCE CORPORATION
P.l .Box 19700
Jac. onville,FL 32245-9700
• CITIZENS
Mamma:(856)411-2742 FAx:(888)392-6739 �orsnr rauuva� aumaa
August 14,2019
Goodman-Gable-Gould/Adjusters International
Attention: Pasquale Cuccaro,Public Adjuster
6767 N Wickham Rd., Ste.501
Melbourne,FL 32940
RE: Policyholder: Monroe County,Florida
Citizens Claim Number: 001-00-103102
Citizens Policy Number: 00015845
Date of Loss: September 9,2017(as reported)
Cause of Loss: Wind(Hurricane Irma)
Insured Locations: Multiple Locations(refer to policy declarations)
Dear Mr.Cuccaro:
Citizens has completed review of the invoices submitted to us on July 22, 2017 for
completed repairs of the buildings at Location 14(151 Marine Ave.,Tavernier,FL 33070)
and 26(1100 Simonton St.,Key West,FL 33040). This letter follows our conversation on
August 13, 2019 when we discussed Monroe County's claim. Enclosed is a payment in
the amount of$46,165.53 for the approved supplements at Location 14, along with our
updated estimate and statement of loss,which is the basis for our payment.
Citizens reviewed the costs submitted for replacement of the chiller unit and coils
completed by Air Mechanical&Service Corp.at Location 26. We held a conference call
with Blaine Buyers of Air Mechanical & Service Corp. and Paul Ferraro of Goodman-
Gable-Gould/Adjusters International on July 26, 2019 to discuss the reported damage.
During that call, we were advised by Air Mechanical & Service Corp. that the reported
damage was caused by corrosion by salt air due to sea spray during Hurricane Irma.
In order for damage to be covered under Monroe County,Florida's Citizens Commercial
policy,the damage must be caused by one of the Covered Causes of Loss found in the
policy form CAUSES OF LOSS—WINDSTORM OR HAIL FORM-CIT W10 10
0216,which names the perils that are covered by this policy. You may refer to the
policy in Section A. Covered Causes of Loss for a full description of the covered perils.
In addition,exclusions from policy form CAUSES OF LOSS—WINDSTORM OR
HAIL FORM,CIT W10 10 0216 also apply.Refer to B. Exclusions,beginning on
Page 1 of 4
Page 1 of 4,for additional information about the applicable exclusions. Specifically,
refer to LL(1),h.,and ig which exclude loss from spray from any body of water,rust,
corrosion,wear,tear and deterioration.
By stating the above reason that a portion of the claim is not afforded coverage,Citizens
Property Insurance Corporation does not intend to waive any policy defenses in addition
to those stated above,but specifically reserves its right to assert such policy defenses at
any time.
Based on our last telephone conversation,we understand that it is the position of Monroe
County,Florida that Citizens'estimate of covered damage is not adequate to repair the
claimed damage from Covered Causes of Loss. Citizens has verbally extended a global
offer of settlement to Monroe County,Florida via Goodman-Gable-Gould/Adjusters
International,for additional payment of$1,400,000 subject to a Release of Disputed
Claim,a copy of which is enclosed. Please note,this current payment of$46,165.53 is
accounted for as previous payment in the amounts reflected in the Release of Disputed
Claim.
Citizens looks forward to a response to the offer of settlement no later than August 23,
2019. If Monroe County,Florida agrees to the terms,please provide us with a copy of
the duly executed release.
If the abovementioned offer of settlement is declined,Citizens remains willing to
consider new or additional information that has not been previously considered pertaining
to the following buildings:
Loc# Bldg# Building Description Building Address
2 1 ONE STORY MASONRY AARP 535 33RD ST,
BUILDING K/A MELVIN LOVITT MARATHON,FL 33050-
SENIOR CITIZEN BUILDING 2301
4 1 ONE STORY MASONRY 10600 AVIATION BLVD,
COUNTY OFFICE MARATHON,FL 33050-
3058
13 1 ONE STORY MASONRY AARP 380 KEY DEER BLVD,
BUILDING BIG PINE KEY,FL 33043-
4901
14 1 ONE STORY WIND RESISTIVE 151 MARINE AVE,
FIRE AND AMBULANCE TAVERNCER,FL 33070-
STATION 2620
17 1 ONE STORY MASONRY 3103 OVERSEAS HWY,
COURTHOUSE/POLICE MARATHON,FL 33050-
SUBSTATION 2346
20 1 ONE STORY MASONRY 3251 OVERSEAS HWY,
LIBRARY BLDG MARATHON,FL 33050-
2344
Page2of4
Loc# Bldg# Building Description Building Address
21 2 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON,FL 33050-
3303
21 3 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON,FL 33050-
3303
21 4 AIRCRAFT HANGER 9400 OVERSEAS HWY,
MARATHON,FL 33050-
3303
22 2 AIRCRAFT HANGER 10100 OVERSEAS HWY,
MARATHON,FL 33050-
3340
25 1 ONE STORY MASONRY 101485 OVERSEAS HWY,
LIBRARY KEY LARGO,FL 33037-
4553
In regard to the locations itemized in the table above,we specifically request the
following:
• Any and all contractor(s')repair estimates whether accepted or not for alleged
damage from Hurricane Irma to the insured locations referenced above
• Any and all documents evidencing completed repairs made to the allegedly
damaged property since the reported date of loss
• Any and all insurance claims that Monroe County,Florida has submitted to other
insurance companies for the above buildings relating to the reported Hurricane
Irma loss
• Any and all FEMA claims that Monroe County,Florida has submitted involving
damage to the above buildings relating to the reported Hurricane Irma loss
Refer to Monroe County,Florida's policy for a complete list of Duties In The Event Of
Loss Or Damage in the Loss Conditions section of the policy,which outlines the
requirement to provide this requested information
If you have additional information/documentation you wish us to consider regarding this
claim,you may send it to us by one of the following ways:
• Email(preferred): claims.cotmmunicatiorj_-tieitiaensila.corn
• U.S.Mail: ' Citizens Property Insurance Corporation
P.O.Box 19700
Jacksonville,FL 32245-9700
Page 3 of 4
• Fax: 888.392.6739
Be sure to include the policyholder's name,policy number and claim number on all
communications.
If Goodman-Gable-Gould/Adjusters International or Monroe County,Florida have any
questions regarding the claim,I am available at the telephone number below.
Sincerely,
Sean M.Netka
Commercial Property Claims Department
Citizens Property Insurance Corporation
Office: 904.407.0446
Enclosure: Check,Statement of Loss,Citizens Estimate,Release of Disputed Claim
cc: Monroe County,Florida
As the preferred method of submitting claimswelated documents,for our review,please attach them
to an email and Bend to Cleimns.CogrsmnieationsAtitizeasfa.corn. In the Subject Line,please
identify the claim number and the policy holder's name.
If this document contains an excerpt from a Citizens Property Insurance Policy("the Policy')it is
provided here for informational purposes on This excerpt is not the re:dal version of the Policy.The
official version of the Policy is the policy issued to the insured on the policy effective date.In the event
there is inconsistency between this document and the Policy,the Policy shall serve as the O icial version.
F.S 817.234(1)(b)Any person who knowingly and with intent to Injure,defraud or deceive any insurer
files a statement of claim or an application containing any false,incomplete,or misleading brfor nation is
guilty of felony of the third degree.
Page 4 of 4