HomeMy WebLinkAboutItem T11 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: T11
26-1325
BULK ITEM: No DEPARTMENT: Risk Management
TIME APPROXIMATE: N/A. STAFF CONTACT: Gaelan Jones.
AGENDA ITEM WORDING: Approval of Subrogation Settlement with Big Sky Baron, LLC in the
Amount of$263,409.
ITEM BACKGROUND: On October 12, 2025, the Engineered Materials Arresting System(EMAS)
at Key West Airport was damaged when an aircraft owned by Big Sky Baron, LLC landed short of the
runway. Although the operator of the aircraft initially denied causing any damage to the EMAS, Risk
Management tendered this claim to the aircraft owner's aviation insurance carrier with evidence that
the aircraft was operated negligently at the time of loss. The insurance carrier accepted liability for the
claim and agreed to reimburse the County for all costs associated with repair of the EMAS. On
December 10, 2025, BOCC approved a contract with Boland's LLC in the amount of$263,409 to
repair the EMAS. This item seeks approval of final subrogation settlement with Big Sky Baron, LLC
in the amount of$263,409, and authorization for the County Risk Manager to execute all documents
required to secure payment of settlement proceeds.
PREVIOUS RELEVANT BOCC ACTION: 12/10/25 -Approval of Contract with Boland's LLC
for EMAS repair.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Recommend Approval
DOCUMENTATION:
Draft Settlement Release
Claim Notice to Big Sky Baron, LLC
FINANCIAL IMPACT: + $263,409.00
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: $263,409.00
Total Cost to County: $0.00
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: AIG Aerospace
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: Yes If yes, amount: $263,409
Grant: N/A
County Match: N/A
Insurance Required: No
AID
PROPERTY DAMAGE RELEASE
Claim Number: 5328789037US
Claimant: Monroe County Board of County Commissioners
Insured: Big Sky Baron LLC
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Monroe County Board of County Commissioners,being of lawful age and for the sole
consideration of Two Hundred Sixty-Three Thousand Four Hundred Nine and 00/100($263,409.00) ,and other
good and valuable consideration,receipt whereof is hereby acknowledged,do/does hereby and for my/our/its heirs,
executors,administrators, successors, and assigns,release,acquit and forever discharge Enrique Contreras and any
other entity who is insured under the terms of Policy Number LA 000313156-01 issued by National Union Fire
Insurance Company of Pittsburgh,PA,AIG Aerospace Insurance Services,Inc.,and their agents, servants,
successors,heirs,executors,administrators,insurers and all other persons,firms,corporations,associations or
partnerships liable,or who might be liable or who might be claimed to be liable(hereafter referred to as
"Releasees"),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 from the incident, casualty or event which occurred on or
about October 01,2025 at or near Key West,Florida.
It is understood and agreed that the party or parties hereby released admit no liability to the undersigned or others,
shall not be estopped or otherwise barred from asserting and expressly reserve the right to assert any claim or cause
of action such party or parties may have against others other than the undersigned or their heirs, executors,
administrators,successors and assigns.
This agreement constitutes a full accord and satisfaction of any and all claims arising out of any property damage,
loss of use or diminution of value to the undersigned against the Releasees resulting from the incident.
The undersigned further declares and represents 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 agreement are contractual and not a mere recital.
THE UNDERSIGNED HEREBY CERTIFIES THAT THEY HAVE READ ALL OF THIS DOCUMENT AND FULLY
UNDERSTAND ALL OF THE SAME, AND IN WITNESS WHEREOF, HAVE EXECUTED THIS AGREEMENT:
This day of ,2026.
$263,409.00 payment will be issued to Monroe County Board of County Commissioners
SIGNED:Monroe County Board of County Commissioners Name(printed)
State of
County of
On this day of ,2026,before me personally appeared
,known to me to be the person mentioned and
described in the above instrument and he/she/they acknowledged to me that he/she/they voluntarily executed the same.
Witness My Hand and Official Seal
Notary Public
My Commission Expires:
AIG AEROSPACE IS REQUIRED TO ADVISE THE FOLLOWING:
NOTICE TO APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO
DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR
INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE
INFORMATION OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT ACT, WHICH IS
A CRIME,AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES.
NOTICE TO ALABAMA APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A
FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO
KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS
GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION, FINES, OR CONFINEMENT
IN PRISON, OR ANY COMBINATION THEREOF.
NOTICE TO ARIZONA APPLICANTS: FOR YOUR PROTECTION ARIZONA LAW
REQUIRES THE FOLLOWING STATEMENT TO APPEAR ON THIS FORM. ANY
PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR
PAYMENT OF A LOSS IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES
NOTICE TO ARKANSAS, LOUISIANA, RHODE ISLAND, AND WEST VIRGINIA
APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT
CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE
INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE
SUBJECT TO FINES AND CONFINEMENT IN PRISON.
NOTICE TO COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE
FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE
COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE
COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE,
AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE
COMPANY WHO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR MISLEADING FACTS
OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF
DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH
REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL
BE REPORTED TO THE COLOR-ADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT
OF REGULATORY AUTHORITIES.
NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: IT IS A CRIME TO
PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FOR THE PURPOSE OF
DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES INCLUDE
IMPRISONMENT AND/OR FINES. IN ADDITION, AN INSURER MAY DENY INSURANCE
BENEFITS IF FALSE INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED
BY THE APPLICANT.
NOTICE TO FLORIDA APPLICANTS: 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 INFORMATION IS
GUILTY OF A FELONY OF THE THIRD DEGREE.
NOTICE TO KANSAS APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT
TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR PREPARES WITH KNOWLEDGE
OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER,
BROKER OR ANY AGENT THEREOF, ANY WRITTEN, ELECTRONIC, ELECTRONIC IMPULSE,
FACSIMILE, MAGNETIC, ORAL, OR TELEPHONIC COMMUNICATION OR STATEMENT AS
PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING
OF AN INSURANCE POLICY FOR PERSONAL OR COMMERCIAL INSURANCE, OR A CLAIM
FOR PAYMENT OR OTHER BENEFIT PURSUANT TO AN INSURANCE POLICY FOR
COMMERCIAL OR PERSONAL INSURANCE THAT SUCH PERSON KNOWS TO CONTAIN
MATERIALLY FALSE INFORMATION CONCERNING ANY FACT MATERIAL THERETO; OR
CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT
MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT.
NOTICE TO KENTUCKY APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH
INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN
APPLICATION FOR INSURANCE CONTAINING ANY MATERIALLY FALSE INFORMATION
OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY
FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A
CRIME.
NOTICE TO MAINE APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE,
INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE
PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT,
FINES OR A DENIAL OF INSURANCE BENEFITS.
NOTICE TO MARYLAND APPLICANTS: ANY PERSON WHO KNOWINGLY OR WILLFULLY
PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR
WHO KNOWINGLY OR WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION
FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND
CONFINEMENT IN PRISON.
NOTICE TO MINNESOTA APPLICANTS: A PERSON WHO FILES A CLAIM WITH INTENT
TO DEFRAUD OR HELPS COMMIT A FRAUD AGAINST AN INSURER IS GUILTY OF A CRIME.
NOTICE TO NEW JERSEY APPLICANTS: ANY PERSON WHO INCLUDES ANY FALSE OR
MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS
SUBJECT TO CRIMINAL AND CIVIL PENALTIES.
NOTICE TO NEW MEXICO APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A
FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY
PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A
CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
NOTICE TO NEW YORK APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH
INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN
APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY
MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING,
INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT
INSURANCE ACT, WHICH IS A CRIME, AND SHALL ALSO BE SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE
CLAIM FOR EACH SUCH VIOLATION.
NOTICE TO OHIO APPLICANTS: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR
KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN
APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS
GUILTY OF INSURANCE FRAUD.
NOTICE TO OKLAHOMA APPLICANTS: WARNING: ANY PERSON WHO KNOWINGLY,
AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM
FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE, INCOMPLETE
OR MISLEADING INFORMATION IS GUILTY OF A FELONY.
NOTICE TO OREGON APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT
TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION
FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE
INFORMATION OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIAL THERETO, MAY BE GUILTY OF A FRAUDULENT ACT,
WHICH MAY BE A CRIME, AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL
PENALTIES.
NOTICE TO PENNSYLVANIA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH
INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN
APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY
MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING,
INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT
INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND
CIVIL PENALTIES.
NOTICE TO TENNESSEE,VIRGINIA AND WASHINGTON APPLICANTS: IT IS A CRIME TO
KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN
INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES
INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE BENEFITS.
NOTICE TO VERMONT APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A
FALSE STATEMENT IN AN APPLICATION FOR INSURANCE MAY BE GUILTY OF A
CRIMINAL OFFENSE AND SUBJECT TO PENALTIES UNDER STATE LAW.
-(" BOARD OF COUNTY COMMISSIONERS
CountyMonroe �� t1 Mayor James K.Scholl,District 3
The Florida Keys
Mayor Pro Tern,Michelle Lincoln,District 2
' � Craig Cates,District 1
David Rice,District
Robert B.Shillinger,Jr.,County Attorney** °' Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney** 1111 121h Street,Suite 408
Patricia Eables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Anjelica Harden-Ivanoski,Assistant County Attorney
Eve M.Lewis,Assistant County Attorney**
Gaelan P.Jones,Assistant County Attorney
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Donald Townsend,Jr.,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
October 9, 2025
VIA CERTIFIED MAIL: 7019 2970 0000 6864 4209
TO: Big Sky Baron, LLC
c/o Max Chandler
2024 Browning Way
Sandpoint, ID 83864
RE: NOTICE OF CLAIM /REQUEST FOR INSURANCE
DATE OF LOSS: 40/4/2025
KEY WEST INTERNATIONAL AIRPORT EMAS SYSTEM
Mr. Chandler,
My office represents the Monroe County Board of County Commissioners regarding a claim for
damages arising out of an incident at Key West International Airport (EYW) involving an aircraft owned
and operated by Big Sky Baron LLC. On or about October 1, 2025, this aircraft,tail number N805JC, was
observed making contact with the Engineered Materials Arrestor System (EMAS)while landing at EYW
in Key West, Florida. As a result of the pilot's negligent operation of the aircraft, the EMAS system
suffered damage and will require extensive repair before the equipment can be placed back into operation.
Photographs of the damage have been enclosed for your consideration.
Pursuant to Florida Statute § 627.4137, you are required to furnish in writing within thirty (30)
days a signed and sworn statement disclosing each and every insurance policy known to you, including
excess or umbrella coverage, which may provide coverage for the damages described herein. As required
by Florida law, this statement must include:
1. The name of the insurer;
2. The name of each insured;
Monroe County BOCC v. Big Sky Baron, LLC
Page 1 of 2
3. A statement of all insurance coverage;
4. A statement of any policy or coverage defense believed to be available
5. A copy of the insurance policy.
Failure to furnish this written statement within thirty(30) days of this request may result in litigation
against you personally. Please feel free to contact my office if you have any questions.
Sincerely,
/s/ Gaelan A Jones
Gaelan P. Jones, Esq.
Assistant County Attorney
Risk Management&Public Records
Monroe County BOCC
1111 12"' Street, #408
Key West, FL 33040
(305) 292-3470
CC: oakdellva,amail.com
Bchand1er3000(cr�gmail.com
2455northllcgamail.com
agent(?montanaregistereda end? t.net
Monroe County BOCC v. Big Sky Baron, LLC
Page 2 of 2
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