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Item L5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2015 KW Division: County Attorney Bulk Item: Yes XX No _ Staff Contact: Lisa Granger/Peter Morris 305-292-3074 AGENDA ITEM WORDING: Approval of a settlement agreement consisting of the purchase of two judgments and procurement of two Assignments of Judgment and Bid Rights in the matter of Robert Denenberg v. Marine Mammal Conservancy, Inc. (MMC), Richard Gudoian, Jr., and Monroe County, Circuit Court case CA-PK-14-364A. ITEM BACKGROUND: Robert Denenberg filed a foreclosure action in the Circuit Court against MMC for its failure to make payments on a mortgage held by Mr. Denenberg; against Richard Gudoian, Jr. for a judgment declaring his second mortgage inferior to Denenberg's mortgage; and, against Monroe County for a judgment declaring Mr. Denenberg's lien superior to the County's 3 code compliance liens. Mr. Gudoian filed a cross claim against MMC for its failure to make payments on the second mortgage held by him. The Court issued an Amended Final Judgment in favor of Mr. Denenberg and Cross -Claimant Gudoian. The County's liens remain inferior to Mr. Denenberg's mortgage and Mr. Gudoian's second mortgage. As a result of 3 code compliance cases (CE0603008, CE09030107, CE11060014) the County's liens total $582,155.83. The County may be entitled to file a right of redemption up to the filing of the certificate of sale as provided by section 45.0315, Florida Statutes and the Amended Final Judgment. The proposed settlement agreement and the assignments of judgments and bid rights which are included in the backup, allow the County to purchase both Mr. Denenberg's and Mr. Gudoian's judgments and procure Assignments of Judgments and Bid Rights from Mr. Denenberg and Mr. Gudoian. The amount of Mr. Denenberg's payoff is $340,798.28 as of February 20, 2015. The amount of Mr. Gudoian's payoff is $204,893.46 as of February 20, 2015. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of settlement agreement and Purchase of two Assignments of Judgments and Bid Rights. TOTAL COST: INDIRECT COST: BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: No COST TO COUNTY: $545,691.74 SOURCE OF FUNDS: 304 Funds Land Acauisition REVENUE PRODUCING: Yes_ No_ AMOUN $ APPROVED BY: County Atty /Purchasing Risk Management Ty - DOCUMENTATION: Included — Not Required___ _ _ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Marine Mammal Consery Contract # Effective Date: 1 /21 /2015 Expiration Date: Contract Purpose/Description: Settlement agreementconsisting of the purchase of two judgments and procurement of two Assignments of Judgment and Bid Rights in the matter of Robert Denenberg v. Marine Mammal Conservancy, Inc. (MMC), Richard Gudoian, Jr., and Monroe County, Circuit Court case CA-PK-14-364A Contract Manager: Lisa Granger 3470 County Attorney Stop #7 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 1/21/2015 Agenda Deadline: 1/6/2015 CONTRACT COSTS Total Dollar Value of Contract: $ 545,691.74 Current Year Portion: $ 545,691.74 Budgeted? YesN No ❑ Account Codes: 304--23000-5606541-PE1501-560641 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. Date In Division Director Risk Management gL O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Yes❑ No[:]&IISU& Date Out IN THE CJRCUII .COURT OF THE 16Tn JUDICIAL C1RCU'IT IN AND FOR MONROE COUNTY, FLORIDA CASE NO : 14-CA 000364A 001 PK. ROBERIDENENBERG, Plaintiff, v. MARINE MAMMAL CONSERVANCY, INC., a Florida non-piofit corporation; RICKARD GUDOIAN, JR ; MONROE COUNTY, and UNKNOWN PARIY(S) IN POSSESSION, Defendants STIPULATION FOR SEITI;Erwor COME NOW the Plaintiff; ROBERT DENENBERG ("DE.NENBE.RG") and the Defendants R1CRARD GUDOIAN, JR ("GUDOIAN") and MONROE COUNTY ("COUNTY"), together with their undersigned counsel, and enter into this Stipulation for Settlement of the claims specifically set .forth below, with the terms of the settlement being as follows: 1 On December 15, 2014, the court in this matter entered an Amended Final Judgment of Foreclosure, a true copy of which is attached hereto as Exhibit A. Said Amended Final Judgment established DENENBERG's mortgage as the first pziority lien against the property described therein, and C'TUDOIAN's interest as a valid second mortgage lien The County's interest remains by virtue of its duly recorded code enforcement liens until the certificate of -sale is issued 2. COUNTY has expressed an interest in obtaining an assignment of DENENBERG's interest in the Amended Final Judgment and GUDOIAN's interest in the Denenberg v Marine Mammal Conservancy Inc., et al Case No, 14-CA-000364A 001PK Stipulation for Settlement Page 2 Amended .Final .Judgment, as well as an assignment of DENENBERG's and, GUD.OIAN's right to credit bid at any sale conducted pursuant to that Amended Final -Judgment. 3, County staff shall recommend that the Mayor and Board .of' County Commissioners approve said assignments, on the terms and conditions set forth herein. In considetation of that representation, DENENBERG and GUDOIAN agree to the cangellation of the January 8, 2015 foreclosure sale currently scheduled per the original Final Judgment and the Amended Final .Judgment entered in this proceeding, COUNTY shall be responsible for filing an appropriate motion to cancel said sale, and in otherwise obtaining an order cancelling the sale and in all respects seeing to it that the sale is actually cancelled If for any reason the January 8, 2015 sale is not cancelled by the court, then this Stipulation shall be null and void, and of no further force and effect whatsoever, and the .January 8, 2015 sale shall proceed as scheduled., 4 If the Tanuaty 8, 2015 foreclosure sale is cancelled, then the County staff shall recommend approval of this Stipulation at a meetingof the Board 'of County Commissionem scheduled for January 21, 2015. If for any reason this scheduled meeting does not take place, or if for any reason this Stipulation is not approved by the Board of County Commissioners at that meeting, then this Stipulation shall be null and void, and of no further force and effect whatsoever, and DENENBERG or GUDOIAN may proceed to have the foreclosure sale rescheduled by the court. 5. Once the January 8, 2015 foreclosure sale. is cancelled, the January 21, 2015 meeting takes place, and this Stipulation is approved by the COUNIY at that meeting, then the COUNTY: a) shall pay to DENENBERG the sum of $340,798 28 on or before February .20, 2015, which payment shall be made payable to the "Cohen Norr is Trust Account" and delivered to James S. 'felepman, Eso at 712 US Highway One, Suite 400, North Palm Beach, FL 33408 Denenberg v. Marine Mammal Conservancy, Inc, et al Case No. 14-C4-000364A 001 PK Stipulation, for Settlement Page .3 or wired per instructions that will be provided to the COUNTY upon request; and b) shall pay to GUDOIAN the sum of• $204,893.46 on or before February 20, 2015; which payment shall be matte payable to the "Darrow Everett RI IOLTA" and delivered to Kurt T- Kalberer II, Esq at One Turks Head Place, Suite 1200, Providence, RI 02903, or weed per instructions that will'be' provided to the COUNTY upon request_ Upon receipt and clearance of these funds, original Assignments of Judgment and Bid kights in the form attached. hereto as Exhibit t shall be delivered by DENENBERG and GUDOIAN to Assistant County Attorney Lisa Granger, who may then see to their execution by the COUNTY, and their recording in the Public kecords of Monroe County, Florida If necessary, DENENBERG, GUDOIAN and their counsel shall execute any other documents reasonably needed to facilitate the COUNIY's substitution as Plaintiff in this matter- 6 Other than as set forth herein, GUDOIAN have not, and make no, representation or warranty regarding any matter, including, without limitation, the Amended Final Judgment, their mortgages rights, or the subject property. 7. In any action to enforce the terms of this Stipulation for, Settlement, the prevailing party in that action shall be entitled to recover its reasonable attorneys' fees and costs 8. This Stipulation for Settlement may be executed in counterparts, and facsimile signatures shall have the same force and effect as original signatures. 9. All parties executing this Stipulation for Settlement have done so after consulting with counsel of* their choosing, and represent that they have full power and authority to execute this Stipulation for Settlement on their own behalf, or on behalf'of'the entities referenced below 10. Any and all revisions or amendments to this Stipulation shall be null, void, and of no effect at all unless in writing and executed by all patties to this Stipulation Denenberg v. MarineMmnnsal Conservancy, Inc., et al Case No. 14-CA-000364A 001 PK Stipulation for Settlement Page 4 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida; at a regular meeting of said board held on the 11" of January, 2015,. Mayor Danny L Kolhage Mayor Pro Tern Heather Canuthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MR Mayor Danny L Kohlage (SEAL) ATTEST: MAY HEAVILIN, CLERK Deputy Clerk Robert Deaf nb Date: 1 Richard Gudoian, Jr. Date: COHEN, NORRIS, WOLMER, RAY, IEL.EPMAN & COHEN Attorneys for DENENBERG 712 U S. Highway One, Suite 400 Noith Palm Beach, F L 33408 Telephone (5A) 344-3600 sy:L amen S Denenberg u. Marine tblammal Conservancy, Inc., et al - Case No. 14-C4-000364A 001PK Stipulation for Settlement Page .5 Flot ida Bar No. 466786 Email: fcohenlaw� corn Date: 1 S MONROE COUNTY AT'IORNEY'S OFFICE Attorneys for COUNIY 1.11'l 12" Street, Suite 408 Key West, FL 33-040 Ielephone (305) 292-3470 By: Lisa A Granger, Esquire Florida Bar No 619310 Email: Granger-L.isa a MonroeCounty-FL .Gov Date: DARROW EVEREIT LLP Attorneys for Defendant Richard Gudoian, Jt., 1 Iurks Head Place Suite 1200 Providence, Rl 02903 Telephone: (401) 453-1200 Kurt T Kalberer, II, Esquire F for ida Bar Number: 3 5966 E-mail: kkalberer@danoweverett'com Date: Denenberg v, Marine Mammal Conservancy, Inc., et al. Case No, 14-CA-000364A 001PK Stipulation for Settlement Page 4 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board hold on the 2111 of January, 2015, Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neagent Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I PA. i's Mayor Danny L. Kohlage (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Robert Denenberg COHEN, NORRIS, WOLMER, RAY, TELEPMAN & COHEN Attorneys for DENENBERG 712 U.S. Highway One, Suite 400 North Palm Beach, FL 33408 Telephone (561) 844-3600 By:_.,,. - James S. Telepman, Esquire Denenberg v. Marine Marnnral Conservancy, Inc., et al. Case No. 14-CA-000364A 001 PK Stipulation for Settlement Page S Florida Bar No. 466786 Email: jst@fcohenlaw.com Date: MONROE COUNTY ATTORNEY'S OFFICE Attorneys for COUNTY Illl 12t1' Street, Suite 408 Key West, FL 33040 Telephone (305) 292-3470 By: Lisa A. Granger, Esquire Florida Bar No, 619310 Email: Granger-Lisa@MonroeCounty-FL.Gov Date: DARROW EVERETT LLP Attorneys for Defendant Richard Gudoian, Jr. 1 Turks Head Place Suite 1200 Providence, RI 02903 Telephone: (401) 453-1200 By: T. kalberer, II, Esquire fl-orida Bar Number: 35966 Email: kkal4rer darroweverett.com / Date: __1_%7 '-- - ROBERT DENENBERG, Plaintiff, V. MARINE MAMMAL CONSERVANCY, INC,, a Florida non-profit corporation; RICHARD GUDOIAN, JR; MONROE COUNTY, and UNKNOWN PARTY(S) 1N POSSESSION, Defendants. / IN THE CIRCUIT COURT 017 THE 16TH JUDICIAL CIRCUIT AND FOR MONROE COUNTY, FLORIDA CASE NO: 14-CA-000364A 0011K AMCNDED FINAL JUDGM +, T TIIIS MATTER was heard before the Court on October 29, 2014 on Plaintiff, Robert Denenberg's, Motion for Judgment on the Pleadings/Stunmary Judgment and Defendant, Richard Gudoian, Jr.'s, Motion for Judgment on the Pleadings or for Summary Judgment. Aft -or consideration of the Motions, this Court rules as follows: IT IS ADJUDGED that: 1. The following amounts are due and owed to the Plaintiff F on the note secure by tho second fo. he note and mortafrom December 10014Expenses Court Costs Filing Fee - -- T. . EXHIBIT a 8 2. Judgment is hereby entered in favor of Defendant Richard Gudoian, Jr. on Count I and Count II ofhis Cross -Claim and the following amounts are due and owed to the Defendant, Ricliard Gudoiau, Jr,: Principal due on the note secure by the second mortgage foreclosed: $150,000 Interest on the note and mortgage from December 10, 2012 through $31,815.79 October 29, 2014 Late charges $1,593.75 'AL court costs 189,1 3. The Total Stuns in paragraphs 1 and 2 will bear interest at the prevailing statutory interest rate of 4.75 percent per year from this date through December 31 of this year, Thereafter, on January 1 of each succeeding year until the judginent is paid, the interest rate will adjust in accordance with Section 55.03, Florida Statutes, 4. Plaintiff, whoso address is 12224 Tillinghast Circle, Palm Beach Gardens, FL 33418, holds a first priority lien for the Total Sum specified in paragraph 1 herein. The lien of the Plaintiff' is superior in dignity to all rights, titles, interests, or claims of the Defendants and all Persons, corporations, or other entities claims by, through, or raider the Defendants, or any of theirs, and the property will be sold free and clear of all claims of the Defendants, except any assessments that are superior pursuant to Section 718.116 and 720.3085, Florida Statutes. Plaintiff's lien encumbers the subject property located in Monroe County, Florida, and described as: See Exhibit "All attached hereto and made a part hereof 5. Defendant, Richard Gudoian, um Jr., holds a second priority lien for the Total S specified in paragraph 2 herein. The lien of Defendant, Richard Gudoian, Jr,, is superior in dignity to all rights, titles, interests, or claims of other co -Defendants and all persons, corporations, or other entities claims by, through, or under the other co -Defendants, or any of them and the property will be sold free and clear of all claims of the other co -Defendants, with the exception of lien held by the Plaintiff, Robert Denenberg, except any assessments that are superior pursuant to Section 718.116 and 720,3085, Florida Statutes. Defendant Richard Ghidoian, Jr.'s lien encumbers the subject property located in Mouroo County, Florida, and described as: See Exhibit "A" attached hereto and anade a part hereof 6. If the total sum with interest at the rate described in paragraphs 1 & 2 and all costs accrued subsequent to this judgment aro not paid, the Clerk of Circuit Court shall sell the subject property at public sale on January 8 2015 to the highest bidder for cash, except as prescribed in Paragraph 7, at the Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, at 11:00 A.M. in accordance with § 40.031 Fla. Stat. Plaintiffs attorney may also cancel or reschedule the sale by filing a motion with the Court in accordance with Florida Rules of Civil Procedure, Form 1.996(b) and may seek to reschedule the sale to a later date, 7. In addition, Plaintiff and Defendant Richard Gudoian, Jr. may assign their respective judgments and credit bid by the filing of an Assignment without further order of this Court. If either party takes such action, he shall advance all subsequent costs of any action taken and shall be reimbursed for them by the cleric if he is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If Plaintiff is the purchaser, the clerk shall credit Plaintiff's bid with the Total Stun set forth in Paragraph 1 above, with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. If Defendant Richard Gudoian, Jr. is the purchaser, the clerk shall credit Defendant Richard Gtrdoian's bid with the Total Sum set forth in Paragraph 2 above, with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full, but only after Defendant Richard Gudoian has satisfied in full the amount owed to Plaintiff Robert Denenberg under this Amended Final Judgment. 8. If Plaintiff or Defendant Richard Gudoian, In incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in paragraph 6, Plaintiff' or Defendant Richard Gudoian, Jr. may, by written motion served on all parties and adjudication at a hearing with notice, seek to amend this final judgment to include said additional expenses. 9. On the filing of the Certificate of Title, the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps affixed to the Certificate, unless the property is purchased a third party bidder; third Plaintiffs attorneys' fees; and fourth, the total sum due to Plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 3 from this date to tho date of the sale. 10, Any remaining amounts shall be distributed by the cleric as follows: first, all of Plaintiff Defendant Richard Gudoian's costs; second, documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third Defendant Richard Gudoian's attorneys' fees; fourth, the total sum due to Defendant Richard Gudoian, less the items paid, plus interest at the rate prescribed in paragraph 3 fiom this date to the date of tha sale; and by retaining any remaining amount pending fitrther Order of this Court. 11. On filing of the Certificate of Sale, the other Defendant(s) and all persons claiming under or against the other Defendants) since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On filing of the Certificate of Sale, other co -Defendants' right of redemption as provided by section 45.0315, Florida Statutes shall be terminated. Upon the filing of the Certificate of Title, the person named on the Certificate of Title shall be let into Possession of the property. 12. The Court retains jurisdiction of this action to tenter further Orders that are proper, including without limitation, Orders authorizing writs of possession and an award of attorneys fees, and to enter a deficiency judgment if the Borrower has not been discharged in Bankruptcy, 13. IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes: IF THIS THE IS SOLD AT PUBLIC AUCTION, THERE MAYBE ADDITIONAL MONEY FROM THE SALE SOLD PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUAlW1 TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER TIIE SALE, YOU MUST FILE A CLAIM WITH THE CLERIC- NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 2014. DONE AND ORDERED in Monroe County, Florida, on this % JUDGE 4 COPIES FURNISHED TO James S. Telepman, Esq, Cohen, Norris, Wohner, Ray, Telepman & Cohen 712 US Highway One, Suite 400 North Palm Beach, FL 33408 jst@fcohealaw, coin smc@tcohenlaw,com Michael J. Cory, Esq. Law Offices of Michael J. Corey 200 South Biscayne Blvd,, Suite 2940 Miami, FL 33131 mcoroy@michaelcoreylaw.com Peter H. Morris, Esq, Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 Morrispeter@monroecounty-fl.gov dastugue@monroecounty-fl.gov Kurt T. Iralberer II, Esq. DarrowEverett LLP One Turks Head Place, Suite 1200 Providence, RI 02840 ldcalberer@darroweverett.com IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY ROBERT DENENBERG, Plaintiff, a MARINE MAMMAL CONSERVANCY, INC., a Florida non-profit corporation; RICHARD GUDOIAN, JR.; MONROE COUNTY, and UNKNOWN PARTY/ PARTIES IN POSSESSION, Defendants. Case No.: CA-P-14-364 Hon. Luis M. Garcia ASSIGNMENT OF FINAL JUDGMENT AND BID RIGHTS The Plaintiff, ROBERT DENENBERG, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, transfer and set over unto MONROE COUNTY, FLORIDA (hereinafter referred to as "Assignee"), 1100 Simonton Street, Key West, FL 33040, all of Plaintiffs right, title, and interest in and to that certain Amended Final Judgment entered in favor of the Plaintiff in this case on December 15, 2014, together with any and all rights derived therefrom, including but not limited to all rights to credit bid on the property which is the subject of this case once the foreclosure sale is rescheduled by the Court. PLAINTIFF: ROBERT DENENBERG By: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2015, by ROBERT DENENBERG, and said person is [ ] personally known to me or [ ] has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA DEFENDANT: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the of , 2015: Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By By: Deputy Clerk Mayor/Chairman IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY ROBERT DENENBERG, Plaintiff, V. MARINE MAMMAL CONSERVANCY, INC., a Florida non-profit corporation; RICHARD GUDOIAN, JR.; MONROE COUNTY, and UNKNOWN PARTY/ PARTIES IN POSSESSION, Defendants. Case No.: CA-P-14-364 Hon. Luis M. Garcia ASSIGNMENT OF FINAL JUDGMENT AND BID RIGHTS The Defendant, RICHARD GUDOIAN, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, transfer and set over unto MONROE COUNTY, FLORIDA (hereinafter referred to as "Assignee"), 1100 Simonton Street, Key West, FL 33040, all of Defendant's right, title, and interest in and to that certain Amended Final Judgment entered in favor of the Defendant in this case on December 15, 2014, together with any and all rights derived therefrom, including but not limited to all rights to credit bid on the property which is the subject of this case once the foreclosure sale is rescheduled by the Court. DEFENDANT: RICHARD GUDOIAN EXHIBIT Denenberg v. Marine Mammal Conservancy, Inc., et al. Case No. 14-CA-000364A 001 PK Assignment of Final Judgment and Bid Rights Page 2 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 2015, by RICHARD GUDOIAN, and said person is [ ] personally known to me or [ ] has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA DEFENDANT: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the of , 2015: Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA �0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY Mayor/Chairman