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Item P08 P8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 11, 2024 Agenda Item Number: P8 2023-3377 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Brian Bradley N/A AGENDA ITEM WORDING: Approval for the Mayor to sign the Settlement and Release Agreement between Monroe County Board of County Commissioners and TRINITY JET MANAGEMENT, LLC, MIKE DAVIES, MARIO SALVI, UNITED STATES AVIATION UNDERWRITERS, INCORPORATED and THE MEMBER COMPANIES OF UNITED STATES AIRCRAFT INSURANCE GROUP, in the amount of$375,000 as final payment for damages caused by aircraft N202JP, a 1994 Cessna Citation 650 on March 20, 2022 to the Engineered Materials Arresting System (EMAS) at Key West International Airport. ITEM BACKGROUND: In March of 2022, a Cessna aircraft overshot the runway at the Key West International Airport, hitting the Engineered Material Arresting System(EMAS) and resulting in damages estimated to be $693,007.65. After two years of negotiating this claim with the assistance of the County's Public Assistance adjuster, Goodman-Gable-Gould (Pat Cuccaro), we have reached a settlement of$375,000. The settlement amount is an acceptable figure based on current value of the depreciated structure. Resolving this claim was complicated by the damage cause to the EMAS by Hurricane Ian in September of 2022. It is anticipated that the carrier will cut a check to pay the County within 30 days of approval of this item. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No 4948 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Incident Report 202221 CP.pdf AH169—Release—of Claim.pdf FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes If yes, amount: $375,000.00 Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: 4949 202221CP ARFF INCIDENT REPORT 4 KEY WEST INTLAIRPORT Date: 03/20/22 Time Received': 1430 ETA TO EYW: Disabled Alert: EMERGENCY TYP (check all applicable) MEDICAL: Crew[-] Passenger® STRUCTURAL FAILURE:E] ENGINE FAILURE: FUEL L : SMOKE: Cockpit®Cabin®FIRE: Cockpit®Cabin®Engine IGEAR:[]✓ Other: Disabled Aircraft On Runway East End EMS /C TYP E/TAIL: Fixed Wing ® N202JP SINGLE TWIN JET PILors INTENTIONS: Fly by Land EYW Land Other: SOB: 2 ORIGIN: DFW FUEL : GAL: POUNDS: 3000 CRASHSITE: _.. NARRATIVE: Notified y ATC Via radio and Crash Phone. Disabled aircraft on Runway 9 East End EMS. ARF SeS and at locationed aircraft, Secured aircraft and deplaned pilot and copilot with®ut-Injuries. gg g Arnolds notified and in route, Opps on location.Signature and ARFF trie m to in air back on to runway but were unable. Arnolds arrived on location and escorted to scene by CSO. Arnold removed aircraft N202JP rom EMS, Signature was able to place tug u der aircraft a d tow to the west overflow parking f®r inspection and maintenance. ARFF complet d an w SI and re roved any FOD found. Tower infarmed and given green light to reopen runway for�,�� � m aircraft landing and departures. ARFF back in service. "'°".'� °'-"--- ~~ PERSONNEL: Ptorn 1 Bland OIC: Sellers SHIFT: A o C RF-180 KWIA ARFF Incident Report(06106/2017) T_ Ln d, REGISTRYFAA N-Number Inquiry Its Serial N,jmber 650-7046 Status Valid Manufacturer Name CESSNA Certificate Issue Date 01/20/2021 Model 650 Expiration Date 01/31/2024 Type Air raft Fixed Wing Multi-Engine Type Engine Turbo-fan Pending Number Change None Dealer No Date Ch nge Authorized None Mode S Code (base 8/ 50315107 Oct) MFR Year 1994 Mode S Code (Base 16/ A19A47 Hex) Type ReE.istration LLC Fractional Owner NO Name MUCHOMAR LLC' Street 4100 W ROYAL LN STE 150 City DALLAS State TEXAS County DALLAS Zip Code 75063 Country UNITED STATES N LO 0) Type C,rtificate Data None Type Certificate Holder None d' Sheet Engine Manufacturer AIRESEARCH Classification Standard Engine Model TFE731 SER Category Transport A/W De te 01/12/1995 Exception Code Yes The inforr iation contained in this record should be the most current Airworthiness information available in the historical aircraft record.However, this data lone does not provide the basis for a determination regarding the airworthin ss of an aircraft or the current aircraft configuration. For specific information,you may request a copy of the aircraft record at Battp.//airc ft.faa.gov/e.goV/NII.')/ None Certifica e �_... Number T210472 Issue Date 01/20/2021 Expiration Date 02/19/ 021 None ereist red Aircraft 1 of 1 Aircraft Description Serial Certificate 31 T-7520018 None Number Issue Date Mode S Manufact 'rer Code PIPER 50315107 Name (base 8/ Oct) Model PA-31 T Mode S A19A47 Code M LO M d' (base 16/ hex) Year 1975 Cancel Manufa turer Date 07/16/ 01 Reason For Expiration Export To None Cancell tion Type Registration Individual Aircraft Registration rir to Deregistration Name SALE REPORTED Street 3901 LINDBURGH DR SUITE City JONESBORO State ARKANSAS Zip Code 701 Country UNITED STATES Deregistered Airworthiness Engine P&W CANADA Classification Standard anufct Arer Engine Model PTA-60A Category Date Exception o Code Deregistered Other Owner Names None � .I ryry v i 1 �I �M 4 / Ir , ° I - r,,,,ii,ii �// ,.j „/�/ii ,,,� t%/� Ifs;,, ) Ili(7I:N i �;;;0 1?,�' /,'✓/"/' r, j� it ; �a � rear/�r�ii fI Iv / // ig/ Jll,nrr<Jlu/ rr ��lo�; I /r I 4 lijll�il�l Iwl���llll illy �i., uu Illulip r 3/20/22, :0 P Mail-Sellers-Eric-Outlook L0 0) ( o subject) d' Eric Sellers *eywester247@hotmail.com> Sinn 312012022,.05 PM To:Sellers-Eric sellers•Enc monroecuunty-O..gov� '.. CAUTION: is email originated from outside of the County.Whether you know the sender or not,do not click links or open attachments you were not expecting. f P !�,i;/� i/oii,,,��i%%/ ✓Dili/ �,�,: �,���o�i��iii,i,//,��,,,r, ��,.,,..,, . , o , ' ., r, a' https://outlook.offic '365.com/mail/deeplink?popoutv2=1&version=20220311006.05 ,, 3/20/22 4 08 F M Mail-Sellers-Eric-Outlook r/f4 r rrti Ni/r4ffii'�ti /f 'M� j r l JJJJ 5�" v I o P ��Ili Jillll�I ��"VV /, �pny/1diYillrr�+/DG1//iir�i � ��, �i IY➢ 41�H i i Sent from my R one hops://outlook.offic 365.com/mail/deepIink?popoutv2=1&version=20220311006.05 �o x,y 3/20/22,4:09 P ail®Sellers-Eric®Outlook (No subjee) d Eric Sellers keywester247hotma1l.co > Sun 3rz0/2022 105 PM To:Sellers-Eric Sellers-Enou'Amonroecounty-fl.gov> i Q' CAUTION:T is email originated from outside of the County.Whether you know the sender or not,do not dick links or open attachments you were not expecting. /�� �����'�� �i�lu'lllllib VVVVVVV �V���IIIIIIIII@��Idll�llll�llllllllllnllllllll�lr,i doad�� ���� ��,, ! /%� r r r r ✓i W%�rl^ ui �' A�mrr II( ri! https://Outlook.offic 365.com/mail/deeplink?popoutv2=1&version=20220311006.05 {,, RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of: THREE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 - -------- DOLLARS ($375,000.00) the undersigned hereby releases and forever discharges TRINITY JET MANAGEMENT, LLC, MIKE DAVIES, MARIO SALVI, UNITED STATES AVIATION UNDERWRITERS, INCORPORATED and THE MEMBER COMPANIES OF UNITED STATES AIRCRAFT INSURANCE GROUP, and all other persons, firms and corporations from all property damage claims and demands, rights and causes of action the undersigned has or hereafter may have on account of or in any way related to property damages, both known and unknown at the present, to an Engineered Material Arresting System EMAS resulting or to result from an occurrence with aircraft N2023P, a 1994 Cessna Citation 650 on or about March 20, 2022, at or near Key West, FL (EYW), and do hereby covenant to indemnify and save harmless the said party or parties from and against all property damage claims and demands whatsoever on account of or in any way growing out of said occurrence or its results to property. This release expresses a full and complete property damage SETTLEMENT of all liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone nor as an estoppel, waiver or bar with respect to any claim the party or parties released may have against the undersigned. Witness my hand and seal. UNITED STATES AVIATION UNDERWRITERS, INCORPORATED, is hereby requested, authorized and empowered to pay, at its option, as follows: to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS in the sum of $375,000.00 in full settlement and satisfaction for all loss and damage for which claim is made. You are making a final settlement. This is a Release: Read before signing. IN WITNESS WHERE OF, (I/we have hereunto set (my/our) hand(s) and seals(s) this day of 12024 (Signature/Title — Monroe County Board of County Commissioners) Sworn to and subscribed before me this day of 12024 (Signature of Notary Public) (Print Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification Produced: Claims File No.• AH169 Approved as to form and legal sufficiency. Monroe County Attorney's Office 11-24-2024 4958