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01/21/2015 Stipulation for Settlement , , , Amy HEAvILIN CPA CLERK OF CIRCUIT COURT & COMPTROLLER -, MONROE COUNTY, FLORIDA ?..? rill DATE: January 27, 2015 TO: Bob Shillinger, County Attorney ATTN :: Kathy Peters FROM: Lindsey Ballard, D.C. At the January 21, 2015, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item L5 Settlement Agreement consisting of the purchase of two judgments and procurements 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- 364 -A. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney (electronic copy) SCANNED k ilLVILE D Finance (electronic copy) 1- a l. i 1 File Lez 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 IN IHE CIRCUII .COURT OF THE 16 JUDICIAL, CIRCUIT IN AND FOR MONROE. COUNTY, FLORIDA CASE NO.: 14-CA-000364A 001 PK. ROBERI DENENBE.RG, Plaintiff, v. MARINE MAMMAL CONSERVANCY, INC., a Florida non - profit cotpotatiorr; RICHARD GUDOIAN, JR ;•MONROE COUNTY, and UNKNOWN PARTY(S) IN POSSESSION, Defendants STIPULATION FOR SETTLEMENT COME NOW the Plaintiff; ROBERT DENENBERG ( "DENENBERG ") and • e Defendants RICHARD GUDOIAN, JR ( "GUDOIAN") and MONROE COUN • Y ( "COUNTY "), together with their undersigned counsel, and enter into this Stipulation 'sr 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 F i al Judgment of Foreclosure; a true copy of which is attached hereto as Exhibit A, Said Amended F inal Judgment established DENENBERG's mortgage as the fast priority lien against he. property described therein, and GUDOIAN's interest as a valid second mortgage lien. the County's interest remains by virtue of its duly recorded code enforcement liens until he 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.. Marnne Mammal Conservancy. Inc., et at • • Case No.. 14- CA- 000364A OOIPK Stipulation for Settlement Page 2 Amended :Final Judgment, as well as an assignment of DENENBERG's: and:GUD.OIAN's rig t to credit bid..at any sale conducted pursuant to that Amended Final Judgment. 3. County staff shall recommend that the Mayor and Board .of Coun' Commissioners approve said assignments, on the tetras and conditions set forth herein. n• considetation of that representation, D E N E N B E R G and GUDOIAN agree to t h e caneellatio z I f the January 8, 2015 foreclosure sale currently scheduled per the original Final Judgment and t 1 e.° Amended Final.. Judgment entered in this proceeding. COUNTY shall be responsible fox filing :n. appropriate motion to cancel said sale, and in otherwise obtaining an order cancelling the s le • • and in 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 o further force and effect whatsoever, and the January 8, 2015 sale shall proceed as scheduled. 4 if the Tanuar y 8, 2015 foreclosure sale is cancelled, then the County staff s recommend approval of this Stipulation at a meeting of the Board of County Commission- -s: • • • scheduled fot 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 ofCounty Commissioners at t at • meeting, then this Stipulation shall be null and void, and of no further force and ef' ct whatsoever, and DENENBERG or GUDOIAN may proceed to have the foreclosure .le • 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 befoe February 20, 2015, which payment shall be made payable to the "Cohen Norris Trust Account" and delivered to James S. Telepman, Esq at 712 US Highway One, Suite 400, North Palm Beach, FL 33.08. Denenberg v.. Marine Mammal Conservancy, Inc ; et al. Case No. 14- CA- 000364A 001PK Stipulation for Settlement Page 3 or wired pet instructions that will be provided to the COUNTY upon request; and b) shall pay t GUDOIAN the sum of $204,893.46 on or before Februaty 20, 2015 which payment shall b made payable to the "Darrow Everett RI IOLTA" and delivered to Kurt T. Kalberer II, Esq . t One Turks Head Place, Suite 1200, Providence, RI 02903, or wired per instructions that will 'id provided to the COUNTY upon request.. Upon receipt and clearance of these fund's origin.] Assignments of Judgment and Bid tights in the form attached hereto as Exhibit B_'shall I delivered by DENENBERG and GUDOIAN to Assistant County Attorney Lisa Granger, w. 0 may then see to their execution by the COUNTY, and thew recording in the Public Records of Monroe County, F lorida If necessary, DENENBERG, GUDOIAN and their counsel sh.11 execute any other documents reasonably needed to facilitate the COUNTY's substitution =s Plaintiff in this matter. 6 . Other than as set forth herein, GUDOIAN have not, and make no, representati en or warranty regarding any matter, including, without limitation, the Amended Final Judgme t, their mortgages rights, or the subject property. • 7. In any action to enforce the terms of this Stipulation for Settlement, the prevaili g 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 facsim'le signatutes shall have the same force and effect as original signatures. 9. All parties executing this Stipulation for Settlement have dope so after consult ng with counsel of their choosing, and represent that they have full power and authority to exec to • this Stipulation for Settlement on their own behalf, or on behalf of the entities referenced belo, , • 10. Any and all revisions or amendments to this Stipulation shall be null, void, an. of no effect at all unless in writing and executed by all parties to this Stipulation Denenberg v. Marine Mammal 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 21 St of January, 2015. Mayor Danny L. Kolhage Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes 1r.� BOARD OF COUNTY COMMISSIONERS - U OF MON' • COUNTY, FLORID - AN v .,„..:...;i --_____ ann Koh]a$e Kolhage •''?__ .% • AMY HEAVILIN, CLERK Deputy Clerk ' MONROE COUNTY ATTORNEY ' obert rt D77 1 / 7! b Date: .PROVE S TO FORM: LI SA GRANGER ASSISTA COU ATTORNEY Richard Gudoian, Jr. DATE: Date: DATE: I -1 ( 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: '�F�ttK-rI4.41021 - Ja, elep . , Esqu.1 Denenberg v. Marine Mammal Conservancy, Inc., et al. Case No. 14- CA- 000364A 001 PK Stipulation for Settlement Page 5 Florida Bar No. 466786 Email: . fcohenlaw.com Date: 'V - -- 3.011 f 4 MONROE COUNTY ATTORNEY'S OFFICE Attorneys for COUNTY 1111 12' Street, Suite 408 Key West, FL 33040 Telephone (305) 292 -3470 By: / 6-- 4.,1414.■ Lisa A. Granger, Esquire Florida Bar No. 619310 Email: Gra ger- isa @MonroeCounty- FL.Gov Date: $ ,D , DARROW E V ERETT LLP Attorneys for Defendant Richard Gudoian, Jr. 1 Turks Head Place Suite 1200 Providence, RI 02903 Telephone: (401) 453 -1200 By: _ Kurt T. Kalberer, II, Esquire Florida Bar Number: 35966 Email: kkalberer@darroweverett.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 held on the 21s of January, 2015. Mayor Danny L. Kolhage Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS � OF MONROE COUNTY, FLORIDA i t 1 5 16 BY: „di = May o L. Kehlage- Kolhage 4 ` T: AMY HEAVILIN, CLERK Ath, / , Deputy Clerk Robert Denenberg Date: 406111(1 Ric and G d¢ ia , F . Date: 1 7/ f ` MONROE COUNTY ATTORNEY F t, ROVED AS FORM: _- _ P2 ffialis LISA GRANGER COHEN, NORRIS, WOLMER, RAY, ASSISTANT COU TY ATTORNEY TELEPMAN & COHEN DATE: 1 1 3 c2-015 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 Mammal Conservancy, Inc., et al. Case No. 14- CA- 000364A 001 PK Stipulation for Settlement Page 5 Florida Bar No. 466786 Email: jst @fcohenlaw.com Date: MONROE COUNTY ATTORNEY'S OFFICE Attorneys for COUNTY 1111 12 Street, Suite 408 Key West, FL 33040 Telephone (305) 292 -3470 By A 4 &4 -g ) Lisa A. Gr ger, Esquire Florida Bar No. 619310 Email: ange Lisa onroeCounty- FL.Gov Date: ` ? A DARROW EVERETT LLP Attorneys for Defendant Richard Gudoian, Jr. 1 Turks Head Place Suite 1200 Providence, RI 02903 Telephone: (401) 453 -1200 By: . Kalberer, II, Esquire Florida Bar Number: 35966 Email: kka be er darroweverett.com Date: / f 1N THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT AND FOR MONROE COUNTY, FLORIDA ROBERT DENENBERG, CASE NO: 14- CA- 000364A 001PK Plaintiff, v . MARINE MAMMAL CONSERVANCY, INC., a Florida non -profit corporation; RICHARD GUDOIAN, JR; MONROE COUNTY, and UNKNOWN PARTY(S) IN POSSESSION, Defendants. / AMENDED FINAL JUDGMENT THIS 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, Ric and Gudoian, Jr.'s, Motion for Judgment on the Pleadings or for Summary Judgment. firer consideration of the Motions, this Court rules as follows: IT IS ADJUDGED that: 1, The following amounts are due and owed to the Plaintiff: Principal due on the note secure by the second mortgage foreclosed: $300,000 I Interest on the note and mortgage from December 10, 2012 through $22,904.79 October 29, 2014 Title Search Expenses $275.00 Court Costs $334.50 Filing Fee -- -- -- $1,908.00 EXHIBIT 4 SUBTOTAL $325,422.29 Attorneys' fees based upon 17 hours at $375.00 por hour $6,375.00 TOTAL SUM $331,797.29 2, Judgment is hereby entered in favor of Defendant Richard Gudoian, Jr. on Count 1 and Count II of his Cross -Claim and the following amounts are due and owed to the Defendant, Richard Gudoian, 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 SUBTOTAL $183,409.54 Attorneys' fees and court costs $5,735.00 TOTAL SUM $189,144.54 3. The Total Sums 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 judgment 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 lion 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 under the Defendants, or any of t em, and the property will be sold free and clear of all claims of the Defendants, except any assessents 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: 2 See Exhibit "A" attached hereto and made a part hereof 5. Defendant, Richard Gudoian, Jr., holds a second priority lien for the Total Sum specified in paragraph 2 herein. The lien of Defendant, Richard Gudoian, Jr,, is superior in • ' gnity to all rights, titles, interests, or claims of other co- Defendants and all persons, corporatio •, or other entities claims by, through, or under the other co- Defendants, or any of them and the pro. erty will be sold free and clear of all claims of the other co- Defendants, with the exception of liet held by the Plaintiff, Robert Denenberg, except any assessments that are superior pursuant to S, tion 718.116 and 720,3085, Florida Statutes. Defendant Richard Ghidoian, Jr.'s lien encumbe s the subject property located in Monroe County, Florida, and described as: See Exhibit "A" attached hereto and made a part hereof 6. If the total sum with interest at the rate described in paragraphs 1 & 2 and all osts accrued subsequent to this judgment aro not paid, the Clerk of Circuit Court shall sell the s . ject property at public sale on January 8.2015 to the highest bidder for cash, except as prescrib . in Paragraph 7, at the Monroe County Courthouse, 500 Whitehead Street, ICey West, FL 330 0, at 11:00 A.M. in accordance with § 40.031 Fla. Stat. Plaintiff's attorney may also canc 1 or reschedule the sale by filing a motion with the Court in accordance with Florida Rules of ivil 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 eir respective judgments and credit bid by the filing of an Assignment without further order o this Court, If either party takes such action, he shall advance all subsequent costs of any action t: con and shall be reimbursed for them by the clerk if he is not the purchaser of the property for ale, provided, however, that the purchaser of the property for sale shall be responsible fo the documentary stamps payable on the certificate of title. If Plaintiff is the purchaser, the clerk :hall credit Plaintiff's bid with the Total Sum set forth in Paragraph 1 above, with interest and ' osts 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 Ric and Gudoian's bid with the Total Sum set forth in Paragraph 2 above, with interest and costs acct ing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full, but only :flier 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, Jr. incurs additional expo ses 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 additi.nal expenses. 9. On the filing of the Certificate of Title, the Clerk shall distribute the procee. s of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, docume tary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; iird 3 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 the date of the sale. 10. Any remaining amounts shall be distributed by the clerk 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 from this date to the date of the sale; and by retaining any remaining amount pending further 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 Defendant(s) since the fling 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 enter further Orders that are proper, including without limitation, Orders authorizing writs of possession and an award of attoraey's 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 PROERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE.AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT 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 AIrI'ER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. DONE AND ORDERED in Monroe County, Florida, on this Is 2014. of-December , CIRCUIT JUDGE 4 COPIES FURNISHED TO names S. Telepman, Esq. Cohen, Norris, Wolmer, Ray, Telepman & Cohen 712 US Highway One, Suite 400 North Palm Beach, FL 33408 jst@fcohenlaw.com smc @fcohenlaw.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 -fLgov dastugue@monroecounty -fl.gov Kurt T. Kalberer II, Esq. DarrowEverett LLP One Turks Head Place, Suite 1200 Providence, RI 02840 kkalberer@darroweverett.com 5 Nom. IN THE CIRCUIT COURT OF THE 16 JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY ROBERT DENENBERG, Case No.: CA -P -14 -364 Hon. Luis M. Garcia Plaintiff, v. MARINE MAMMAL CONSERVANCY, INC., a Florida non -profit corporation; RICHARD GUDOIAN, JR.; MONROE COUNTY, and UNKNOWN PARTY/ PARTIES IN POSSESSION, Defendants. ASSIGNMENT OF FINAL JUDGMENT AND BID RIGHTS The Plaintiff, ROBERT DENENBERG, for good and valuable consideration eceived, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, tr. i sfer and set over unto MONROE COUNTY, FLORIDA (hereinafter referred to as "Assi i ee "), 1100 Simonton Street, Key West, FL 33040, all of Plaintiff's right, title, and interest i and to that certain Amended Final Judgment entered in favor of the Plaintiff in this case on D- cember 15, 2014, together with any and all rights derived therefrom, including but not limited t • 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 DENE 1 BERG By: EXHIBIT 5 I9 • 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 Tem 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 16 JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY ROBERT DENENBERG, Case No.: CA -P -14 -364 Hon. Luis M. Garcia Plaintiff, v. MARINE MAMMAL CONSERVANCY, INC., a Florida non - profit corporation; RICHARD GUDOIAN, JR.; MONROE COUNTY, and UNKNOWN PARTY/ PARTIES IN POSSESSION, Defendants. ASSIGNMENT OF FINAL JUDGMENT AND BID RIGHTS The Defendant, RICHARD GUDOIAN, for good and valuable consideration - ceived, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, tr. I sfer and set over unto MONROE COUNTY, FLORIDA (hereinafter referred to as "Assi ! ee "), 1100 Simonton Street, Key West, FL 33040, all of Defendant's right, title, and interest i and to that certain Amended Final Judgment entered in favor of the Defendant in this case on D - cember 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 GU 1 OIAN By: EXHIBIT D-- I a- 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 Tem 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 B By: Deputy Clerk Mayor /Chairman