Item N8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 Division: County Administrator
Bulk Item: Yes Department: A' ports
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 September 16, 2011 EMAS incursion at KWIA.
ITEM BACKGROUND: On September 16, 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 September 16, 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: Yesj, No X AMOUNT PER MONTH Year
APPROVED BY: County Att X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION
Revised 2/05
AGENDA ITEM #
PROPERTY DAMAGE RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being of lawful age, for the sole consideration of One Hundred
Twenty One Thousand Dollars and 00/100 (121,000.00) 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) Zerep
Trading, Inc., Tyrone Perez, 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, September 16, 2011at or near the Key West International Airport in Key
West, FL involving a certain aircraft more particularly described as follows: a Commander
112TC; registration number N4640W; serial number 13170.
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 , 2011.
CAUTION: READ BEFORE SIGNING BELOW
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Date:
Witness
MO
A
Ai i �,"-NtY
0
Mayor/Chairman
BY: LS
Lexi n Insurance Company
WAM
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